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(영문) 수원지방법원 2014.02.06 2013노5766
마약류관리에관한법률위반(향정)등
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 hundred months of imprisonment and additional collection) is too unreasonable.

2. The judgment of the defendant is recognized that the defendant led to confession and reflects the crime of this case, and that the crime of purchase of phiphones is about attempted crimes.

However, the administration of narcotics is highly likely to be subject to punishment as serious crimes detrimental to the social and national soundness due to their toxicity; the defendant repeated the same crime despite the fact that he had been punished for the same kind of crime, and the defendant needs to have a period of self-esteem by being isolated from society for a certain period in light of the substance and method of the crime; and it is not unreasonable that the court below’s punishment is too unreasonable in light of all the sentencing conditions, including the defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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