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(영문) 서울중앙지방법원 2014.03.13 2014노207

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year and four months of imprisonment, confiscation, and collection KRW 4.3 million) is too large and unreasonable.

2. We can take into account the following circumstances: (a) the Defendant reflects the Defendant’s mistake in depth; (b) the Defendant cooperates with the investigation of O, F, H, T, and A; (c) the health of the Defendant is not good; (d) family members endeavor to assist the Defendant’s edification and recidivism; and (e) the suspended sentence of one-year imprisonment with labor for the following reasons due to the instant crime, etc.

However, the Defendant had already been punished three times or more for the same kind of crime, and in particular, on February 23, 2012, the Defendant again committed the instant crime after being sentenced to a suspended sentence of three years for a term of imprisonment with prison labor for one year for the same crime on the same day and being sentenced to a grace period; the frequency of the instant crime; the lower court did not have much the number of times; and the lower court determined the sentence in consideration of the aforementioned circumstances favorable to the Defendant; there was no special change in circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment; and in full view of other various circumstances that form the conditions for the argument and the sentencing specified in the record of the instant case, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the following circumstances, the Defendant’

3. 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.