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서울중앙지방법원 2013.04.18 2013노717

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. We need to take into account the following circumstances: (a) the Defendant’s decision on the grounds for appeal reflects the Defendant’s mistake in depth and again makes it difficult to avoid such mistake; (b) the Defendant’s family members or branch members must rear two children while divorced from his wife; and (c) the Defendant’s family members or branch members expressed their intent to actively cooperate in the part of narcotics, etc. of the Defendant.

However, in full view of the fact that the defendant was punished for the same kind of crime, in particular, the defendant committed the crime of this case without being aware of the fact that the defendant was being tried for the same kind of crime, and the court below committed the crime of this case without being aware of it, taking into account the circumstances favorable to the defendant, and there is no change in the circumstances or circumstances that may newly be considered in the sentencing after the sentence of the court below, and other various circumstances that form the conditions for the argument of this case and the sentencing specified in the record, including the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, are considered as being committed, and thus, it is not recognized that the

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

(However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the court below's judgment shall be corrected as it added "the defendant's oral statement" to the previous and previous criminal records in the summary of the evidence of the court below.