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(영문) 서울중앙지방법원 2014.12.18 2014노4267

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment and 1.2 million won of additional collection) is too unreasonable in light of the gist of the grounds for appeal.

2. Although there are favorable circumstances for the defendant, such as the confession and reflection of the defendant in the judgment on the grounds for appeal, the fact that the defendant worked in the convalescent hospital after release and endeavored to restore the defendant, considering the following circumstances, the sentence imposed by the court below on the defendant cannot be deemed unfair because the defendant's punishment imposed by the court below is inappropriate. Thus, the defendant's assertion is not acceptable.

There is a lot of number of times administered after purchase. The scope of the recommended sentence in the sentencing guidelines falls within one year and six months from the imprisonment to seven years (the aggravated area (the same type of previous crimes within three years). The punishment determined by the court below appears to have taken into account all favorable circumstances for the defendant, and there is no change in special circumstances or circumstances that may be newly considered in the sentencing after the sentence of the court below. 3. Conclusion, the defendant's appeal is without merit, and thus, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.