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(영문) 수원지방법원 2016.07.15 2016노3043
마약류관리에관한법률위반(대마)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, confiscation, additional collection of 103,00 won) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the defendant recognized the crime and reflected the crime, and that the defendant's family members want to have the preference, etc. are favorable to the sentencing.

However, even though the Defendant had a record of criminal punishment twice for the same crime, again commits the instant crime during the period of probation; the lower court sentenced to the lower limit of the sentencing guidelines (one year of imprisonment); the crime related to narcotics and the risk of recidivism is very high; thus, the Defendant’s age, sexual conduct, criminal records, motive and means of the crime, and all of the sentencing conditions, including the circumstances before and after the crime, need to be strictly punished; thus, it cannot be said that the lower court’s punishment 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. It is so decided as per Disposition.

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