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(영문) 수원지방법원 2016.01.15 2015노6119
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, confiscation, and additional collection of one million won) on the summary of the reasons for appeal is too unreasonable.

2. There are extenuating circumstances, such as the confession of the accused and the reflection of the judgment, and the cooperation with the narcotics investigation business, etc.

However, considering various sentencing conditions such as Defendant’s age, sex behavior, environment, criminal record, motive for the crime, circumstance after the crime, etc., the sentence of the court below is too unreasonable, considering the following circumstances: (a) the defendant sells philophones; (b) the transfer of philophones in his possession is considerable; (c) the risk of recidivism is high and there is a heavy need for severe punishment for a crime that is highly harmful to society; (d) the Defendant has been punished for the same crime even before the instant case; and (e) the Defendant committed the instant crime again during the repeated crime period due to the same crime; and (e) the lower court has determined the maximum sentence within the scope of the sentence for recommendation (i.e., imprisonment between 1 year and 3 years); and (e) the punishment imposed by the court below 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.

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