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(영문) 수원지방법원 2012.12.13 2012노4578
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year and six months of imprisonment, and additional collection) is too unreasonable.

2. It is recognized that the Defendant’s confessions the instant crime and reflects the Defendant.

However, on October 11, 2007, the Defendant was sentenced to one year after having been sentenced to imprisonment for a violation of the Narcotics Control Act in the Goyang branch of the Jung-gu District Court for the purpose of violating the Act on the Control of Narcotics, etc., and committed some of the crimes of this case, which are the same crimes within the repeated crime period after the execution of the sentence was completed on August 28, 2008. On July 2, 2009, the Defendant was sentenced to six months of imprisonment for a violation of the Act on the Promotion of Game Industry in the Jungyang branch of the Jung-gu District District Court for the purpose of violating the Act on the Promotion of the Game Industry. On November 19, 2009, the Defendant committed the crime of this case within the repeated crime period after the execution of the sentence was completed. The Defendant purchased 6 times a penphone over several times, and the Defendant purchased the phone for several times, and had been involved in the distribution of narcotics even arranging the purchase and sale of the phone for another person, and the Defendant’s age and condition of this case need to be punished.

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.

(However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the judgment of the court below ex officio dismissed "the crime of violation of the Act on the Control of Narcotics, Etc." as "the crime of violation of the Act on the Control of Narcotics, etc." in Articles 1 and 25(1).

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