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(영문) 수원지방법원 2017.11.03 2017노5047
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The reasoning of the appeal is that the sentence of the lower court (the Defendants: 8 months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the fact that Defendant A is led to the confession of and against the crime, the fact that there has been no record of the same kind of crime for the last ten years or more, the fact that the person was punished for the same crime during the suspension of the execution period for the crime of this species, the fact that the form of the crime is not less than that of the defendant's age, sexual conduct, motive for the crime, frequency of the crime, method of the crime, circumstances after the crime, etc., the sentence of the court below is too unreasonable, taking into account all the factors such as the defendant's age, sexual conduct, motive for the crime, frequency of the crime, method of the crime, etc

B. In full view of all the sentencing conditions, such as the Defendant’s age, sex, motive for the crime, frequency of the crime, method of the crime, circumstances after the crime, etc., and the fact that the Defendant was forced to be isolated for a certain period of time, the lower court’s punishment is too unreasonable, in light of the following circumstances: (a) the confession of the Defendant C’s crime; (b) the fact that the Defendant had no record of the same kind of crime for the last ten years or more; and (c) the fact that the health status is not good; (d) the purchase and administration of phiphonephones; and (e) the smoking of marijuana and the quality of the crime is not less than that of the crime.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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