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(영문) 의정부지방법원 2013.11.21 2013노1542

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, two years of suspended execution, probation, confiscation, additional collection KRW 1,847,826) is too unreasonable;

2. It is recognized that the defendant repents and reflects the wrong facts.

However, in light of the circumstances such as the fact that the Defendant committed the instant narcotics crime by recognizing his status while performing an important duty to deal with the patient’s body and life as a doctor, and the fact that the Defendant committed the instant narcotics crime, such as writingphone medication, etc., and the Defendant has the same criminal record; however, the Defendant has been subject to a fine, and even without being aware of the fact that he was subject to a fine, and the circumstances leading to the instant crime, including equity in punishment and other circumstances leading to the offense, and the background leading up to the offense, the Defendant’s age, character and conduct, home environment, and circumstances after the crime, etc., it cannot be deemed that the sentence of the lower court against the Defendant is too unreasonable in light of the overall sentencing conditions indicated in the record of the instant case.

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.