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(영문) 수원지방법원 2015.11.13 2015노5139
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 (the imprisonment of one year and four months, confiscation, collection 600,000 won) is too unreasonable.

2. There are extenuating circumstances to consider the sentencing favorable to the sentencing, such as the fact that the accused acknowledges and reflects the crime and cooperates with important matters in the investigation of narcotics crimes.

On the other hand, there are many circumstances unfavorable to sentencing, such as the fact that the defendant has already been sentenced nine times to imprisonment or imprisonment for the same crime and has many criminal records for other crimes, the fact that the defendant again committed the crime of this case during the period of repeated crime due to the same crime, and the amount of philophones handled are not much significant.

In this context, considering the defendant's age, environment, motive, means and consequence of the crime, various conditions of sentencing, such as the circumstances after the crime, and the fact that the court below determined the punishment within the scope of the recommended sentencing guidelines, the sentence imposed by the court below is too unreasonable.

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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