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(영문) 수원지방법원 2014.01.09 2013노5413
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year of imprisonment and two hundred thousand won of collection) is too unreasonable.

2. The judgment of the defendant is divided and contradictory to that of the defendant. The crime of this case is likely to be criticized in light of the circumstances that the amount of penphones that were merely delivered and provided for the delivery of one penphones and that the quantity of the penphones is also limited to the small amount, or in that the defendant, not simple medication or purchase, was committed, and the defendant committed the crime of this case without being aware of it during the suspension of execution and probation period due to the same crime, and there is a need to isolate such defendant from the harmful environment for a certain period. The court below determined that the defendant was sentenced to punishment by fully considering all the above circumstances, and considering all the sentencing conditions specified in the records and arguments of this case, it cannot be deemed unfair because the sentence imposed by the court below is too excessive.

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

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