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(영문) 서울중앙지방법원 2018.05.03 2018노575

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment, additional collection KRW 300,000) is too unreasonable.

2. The lower court seems to have sentenced one year to imprisonment, considering all the circumstances favorable to the Defendant, such as the fact that the Defendant made a confession of all the crimes, the fact that the Defendant was committed in aiding and abetting the sales of phiphones, and the fact that the crime of receiving phiphones was committed in a simple medication, and the fact that it was committed during the period of repeated crimes of a kind different from the circumstances favorable to the Defendant, and that there was a record of being punished for the same crime in around 2008, and the fact that there was a record of being punished for the same crime in light of the sentencing guidelines of the Supreme Court and the recommendation

When comprehensively considering the conditions of sentencing, the sentencing of the court below exceeded the reasonable limit of its discretion, and the sentencing criteria, etc. in the court below’s sentencing.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the defendant's age, career, sex, environment, family relationship, motive and circumstance of the crime, etc. are considered, the sentence of the court below shall be appropriate, and it shall not be deemed unfair because it is too unreasonable.

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.