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(영문) 서울중앙지방법원 2017.04.13 2017노179

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the reasons for appeal (one year and one year, confiscation, collection 1,977,800 won) is too unreasonable.

2. In full view of all the sentencing conditions, including the Defendant’s age, sex, family relationship, and circumstances after the crime, the lower court’s punishment against the Defendant is deemed appropriate, given that the content of the narcotics crime reported after submitting a written confirmation of cooperation in the investigation by the Seoul Central District Public Prosecutor’s Office cannot be deemed as a more severe crime or that the nature of the crime is more severe in the stage of the crime, the amount, frequency, and period of the crime, etc. of multiple crimes, and thus, it cannot be deemed as an “important cooperation in investigation” in the sentencing guidelines. The number and quantity of the Defendant handled phiphones, the number of times and quantities of the Defendant handled phiphones, and other factors such as administering phiphones jointly with the opposite party to commercial sex acts, etc.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.