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(영문) 서울중앙지방법원 2012.12.27 2012노3692

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a two-year imprisonment and additional collection) of the lower court’s sentencing (a one-year imprisonment and additional collection) is too unreasonable.

2. We examine the judgment on the grounds of appeal. The Defendant reflects his mistake in depth while intending to commit the instant crime. The Defendant purchased a penphone for the purpose of medication and administered it once, but did not reach the spread of narcotics to others. The Defendant’s volume of phiphonephone handled by the Defendant is smaller than the volume of phiphonephone.

However, ① The crime of this case was committed during the period of repeated crimes on the same kind of crime as stated in the first head of the crime in the judgment of the court below, ② the defendant was punished by a fine on October 19, 201, which is the date of release, while he was sentenced to a fine on the same kind of crime, the defendant committed the crime of this case without being aware of, and ③ the court below determined the punishment in consideration of the circumstances favorable to the defendant, ③ there is no special change in circumstances or circumstances that may be considered newly after the judgment of the court below, and there is no change in the circumstances or circumstances that may be considered newly after the judgment of the court below, and in full view of other various circumstances that form the conditions for the argument of this case and the sentencing specified in the records, such as the defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and

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.