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(영문) 수원지방법원 2013.09.05 2013노1818
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

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

2. It would be reasonable to take into account the following circumstances: (a) the Defendant’s mistake is divided and rebuttals the Defendant; and (b) the Defendant actively cooperateed with investigative agencies for narcotics investigation up to the trial; and (c) contributed to the arrest of the supply volume.

However, the crime of this case, however, purchased and administered phiphones several times, and the amount and frequency of which are not significant, and the defendant not only has the record of having been punished several times for the same crime, but also has the record of committing a repeated crime resulting therefrom, and the nature of the crime of this case starting with the crime of this case without being aware of it during the period of repeated crime, and the court below seems to have determined the punishment by fully considering the above all the above circumstances, and considering all the sentencing conditions in the records and arguments, it does not seem that the sentence imposed by the court below is too unreasonable.

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. It is so decided as per Disposition.

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