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(영문) 수원지방법원 2015.10.16 2015노4046
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (ten months of imprisonment, 1200,000 won of additional collection) is too unreasonable.

2. There are extenuating circumstances such as the confession and reflection of the defendant, and the defendant's simple purchase and medication.

However, considering various sentencing conditions, such as the Defendant’s age, character and conduct, environment, criminal records, motive of the crime, circumstance after the crime, etc., the sentence imposed by the court below is too unreasonable, in light of the following circumstances: (a) the possibility of recidivism is high and the need for severe punishment is high; (b) the Defendant has the record of being sentenced to suspended sentence for the same crime; and (c) the court below imposed the lowest sentence within the scope of the recommended sentence (from October to March).

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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