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(영문) 수원지방법원 2017.08.18 2017노3416
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. In full view of all the sentencing conditions, such as the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstance after the crime, and circumstance where the Defendant’s termination of the punishment seems to require isolation from society for a certain period of time, it cannot be said that the lower court’s punishment is too unreasonable, by taking account of the following circumstances: (a) the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstance after the crime, and the fact that the Defendant’s termination of the punishment seems to be necessary for isolation, by taking account of the following factors: (b) the fact that the Defendant’s use of phiphones during the suspension of the execution period for the same kind of crime, without being aware of the fact that he/she was under the suspension of the execution period; (c) the purchase and medication of phiphones

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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