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(영문) 서울동부지방법원 2014.05.23 2014노304

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the penalty of one year and six months of imprisonment and four hundred thousand won of fine) is too unreasonable.

2. The judgment of the court below was made in favor of the defendant, including the fact that the defendant made a confession of all the crimes when he committed the crime, and his mistake is pened and reflected in depth, and that the defendant is a disabled person of Grade II with mental retardation disability and is now under considerable health conditions. However, even though he was sentenced to a single punishment or punishment from June 1990 to February 2, 201, the defendant committed each of the crimes of this case during the period of repeated crime due to such act, and there are five times or more times the punishment sentenced for the larceny crime, and the crimes related to narcotics need to be strictly punished as a serious crime with high social harm and danger of repeating the crime. In addition, even if the sentencing guidelines of the Sentencing Committee are applied, the defendant's punishment cannot be accepted as being too unfair.

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.