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(영문) 서울중앙지방법원 2017.12.21 2017노3973

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and four months of imprisonment) is too unreasonable.

2. The lower court sentenced the Defendant to the punishment of one year and four months in consideration of the following facts: (a) the Defendant was sentenced to imprisonment for the instant crime during the period of repeated crime due to the same crime; (b) the Defendant committed the instant crime during the repeated crime period; (c) the Defendant led to multiple times the same force; and (d) led to the confession of the Defendant; and (c) the Defendant cooperates with the investigation; (b) the lower court appears to have within the reasonable scope of discretion; and (c) the Defendant was presented a letter of cooperation in the investigation of the maximum amount of money in the first instance trial; (d) however, the background leading up to such information does not seem to have any reason to change the sentence of the lower court, and thus, the lower court’s punishment cannot be deemed to have been deemed to have been unfair since it was proper and too unreasonable.

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.