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(영문) 수원지방법원 2018.03.16 2017노9038
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the sentence of the lower court (ten months of imprisonment) is too unreasonable.

2. The Defendant recognized the instant crime and divided his mistake, and the social relationship is relatively high.

In addition, the defendant has no record of punishment before committing the crime of this case, and there are extenuating circumstances for the defendant.

However, it is necessary to strictly punish narcotics-related crimes not only because they avoid the body and mind of an individual due to their crypism, toxicity, etc., but also are highly likely to harm the health and social safety of the people.

The crime of this case is that the defendant purchased, administered, or possessed philophones, and the quality of the crime is not less than that of the defendant.

The Defendant has already been sentenced to a suspended sentence once for narcotics crimes, and the possibility of criticism is high in that the Defendant committed the instant crimes at the time when one year has not passed since the expiration of the period of the suspended sentence.

Considering the various circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, motive for committing a crime, frequency of a crime, and circumstances after committing a crime, the lower court’s punishment is too unreasonable because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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