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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2012.12.13 2012노4353
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the court below's punishment (one hundred months of imprisonment, additional collection) is too heavy (the appeal by the defendant) or too unfased (the appeal by the prosecutor) is unreasonable.

2. The circumstances favorable to the defendant are that the judgment defendant led to the confession of the crime of this case and reflects the defendant, that the defendant has no record of punishment for the same crime, and that the defendant actively cooperates with the investigation agency for narcotics crimes.

On the other hand, for about 4 years, the defendant purchased philophones seven times, received them once, and 15 times. The period is very long, the number of crimes is many, the number of philophones handled by the defendant is 3.72 grams, the X, which was the pet of E and E, was first administered as a floudopon, and the defendant was addicted to narcotics not only by himself but also by others, and there is a need to strictly punish them in light of the social harm of the drug crime.

In full view of all the sentencing conditions, including the above circumstances, Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the lower court’s punishment is appropriate, and is not deemed to be too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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