beta
(영문) 서울중앙지방법원 2014.11.27 2014노3358

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment and 600,000 won of collection) is too unreasonable.

2. Although considering the following circumstances, considering the fact that there are favorable circumstances for the defendant, such as the confession and reflection of the defendant's judgment as to the grounds for appeal, the fact that there is no previous conviction, and the family members to be supported, the defendant's assertion is not acceptable since the sentence imposed by the court below is unreasonable.

The crime of this case is committed in the same criminal record and three times, and even after the suspension of execution and the disposition of fine was imposed on the defendant, the crime of this case is committed again. The purchase of phiphones openly through the Internet is pleasure. The scope of the recommended sentence according to the sentencing guidelines falls within the scope of imprisonment between one year and six months to six years (the same criminal record as before the suspension of execution within three years). The punishment determined by the court below appears to have taken into account all favorable circumstances for the defendant, and there is no change in special circumstances or circumstances that may be newly considered in the sentencing after the sentence of the court below. 3. Conclusion, the defendant's appeal is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.