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(영문) 수원지방법원 2018.02.23 2017노8950
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a 1 year of imprisonment and a 600,000 won additional collection) is too unreasonable.

2. On December 2, 2016, around December 4, 2016, the fact that the Defendant recognized the instant crime and divided his or her mistake, and that the Defendant voluntarily surrenders to the police and contributed to the investigation of the narcotics crime, etc. may be considered.

However, the crime of this case is likely to be criticized in that the defendant purchased and administered philophones, and the nature of the crime is not weak, and the defendant administered philophones even after he voluntarily surrenders as above, and the defendant had the record of punishment for narcotics crimes, and the defendant has already been punished four times as well as committed the crime of this case without being aware of it even during the period of repeated crimes after the execution of the final sentence is completed.

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

3. 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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