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(영문) 서울서부지방법원 2014.10.31 2014노1191

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original judgment (one year of imprisonment, one year of additional collection 300,000 won) is too unreasonable;

2. Determination is an element of sentencing favorable to the Defendant, such as the fact that the Defendant recognized the instant crime, against the fact that the Defendant would not repeat the crime, and that the Defendant voluntarily attended the Prosecutor’s Office around April 30, 2014, and that the victim’s mother wanted to have a social relationship, such as voluntary attendance at the Prosecutor’s Office around April 30, 2014.

However, the Defendant, at the Busan District Court on July 12, 2012, sentenced to imprisonment for 10 months, 2 years of suspended sentence, 40 hours of probation and lecture attendance order at the Busan District Court on the grounds of the violation of the Narcotics Control Act, and went away immediately after hearing that the warrant was issued by the probation office around July 25, 2013 during the suspended sentence period; the Defendant re-offendered the instant crime before the suspended sentence period was expired; and the Defendant committed the instant crime before the voluntary submission of the aforementioned suspended sentence period on April 30, 2014, and other factors of sentencing that are disadvantageous to the Defendant, such as the fact that the Defendant’s voluntary production of the Defendant’s cambacopon (copon) and other various factors of sentencing indicated in the records of the instant case, is adequate.

3. In conclusion, 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. It is so decided as per Disposition.