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(영문) 서울중앙지방법원 2014.09.25 2014노2624

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not sell philophones to C on March 11, 2014.

B. The lower court’s sentencing (one year of imprisonment, additional collection 4.350,000 won) is too unreasonable.

2. Determination on the grounds for appeal

A. The facts charged are found guilty on this part of the facts charged, since C’s investigation agency and the lower court’s consistent statement that purchased KRW 0.7g of 0,000 from the Defendant’s assertion of mistake of facts on March 11, 2014 at KRW 60,000 are specific and reliable.

Therefore, this part of the defendant's assertion is rejected.

B. In full view of the following circumstances, the Defendant’s assertion on this part is not acceptable on the ground that the sentence imposed by the lower court is too unreasonable, on the grounds that the sentence imposed by the Defendant is too unreasonable.

There are a large number of occasions and quantities of trade of philophones. There are two different types and two different types of crimes, and they again stop each of the crimes of this case (the crime of No. 1-4 at the time of sale) during the suspension period for the same crime. The scope of the recommended sentence under the sentencing guidelines falls within the scope of imprisonment between one year and six months to seven years [the case of multiple crimes (the case of aggravated punishment within three years) in the area of aggravated punishment such as trade or good offices (the case of aggravated punishment within three years)] (it cannot be deemed that the punishment determined by the court below falls within the category of "where there is a reason to take special consideration in the criminal gathering or motive," which is a special mitigation). It appears that all the circumstances favorable to the defendant are considered, and there is no change in any special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the court below is pronounced.

However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the phrase “court statement of the defendant” in the summary of the evidence of the judgment of the court below is deemed to read “part of the defendant’s court statement” and the judgment

On the other hand, collection shall be made from the defendant.