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(영문) 서울북부지방법원 2014.10.16 2014노998

마약류관리에관한법률위반(대마)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (the penalty of 10 months and 2,000 won for imprisonment) imposed by the court below against the defendant is too unreasonable.

2. The judgment is based on the following circumstances: although the defendant's mistake is recognized, it seems that the defendant committed each of the crimes of this case in a state of drunk influence, and the defendant has committed each of the crimes of damage to the property of this case and interference with business affairs, and there are favorable circumstances for the defendant, such as the victim of the crime of interference with business. However, the defendant has already been punished by imprisonment for several times due to the same crime as the crime of smoking marijuana in this case, and the defendant has committed each of the crimes of this case including marijuana smoking again without being aware of it during the period of a repeated crime in which two months have passed after the execution of imprisonment was completed, and two months have passed after the end of the crime of this case, and the motive and circumstances leading up to each of the crimes of this case, the circumstances before and after the crime of this case, the defendant's age, character and behavior, environment, occupation, family relation, etc., it cannot be deemed that the punishment of the defendant sentenced by the court below is too unfair.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.