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(영문) 서울북부지방법원 2014.08.13 2014노671

마약류관리에관한법률위반(대마)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and two months of imprisonment) is too unreasonable.

2. Although the Defendant made a confession of all of the instant crimes and reflects them in depth, the instant crime is deemed to have been administered by others, smoked, and operated a vehicle under such conditions to cause danger to the general public for traffic safety. In light of the type, method, etc. of the crime, the Defendant committed the instant crime without being aware of the fact that the Defendant committed several repeated crimes during the period of repeated crimes, even though he had the record of having been sentenced several times due to a violation of the Act on the Control of Narcotics, etc., and other circumstances, such as the volume of narcotics handled by the Defendant, character and conduct, environment, criminal records, family relationship, etc., which are conditions for sentencing as prescribed in Article 51 of the Criminal Act, such as the amount of narcotics handled by the Defendant, the Defendant’s character and conduct, criminal records, family relationship, etc., and the circumstances after the commission of the instant crime, it cannot be deemed unfair

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.