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(영문) 서울동부지방법원 2015.12.24 2015노1353

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and 2 million won from the surcharge imposed by the court below are too unreasonable.

2. As to the grounds for appeal, there are extenuating circumstances, such as the confession of a crime and the misunderstanding of mistake, the disabled person who committed the instant crime with a view to raising money to initiate funeral as a means of living as a disabled person, and the self-denunciation of an investigative agency.

However, upon examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is appropriate, and the lower court’s determination that sentenced the Defendant to a punishment lower than the lower limit of the recommended sentence according to the sentencing guidelines of the Sentencing Committee is too unreasonable, because the Defendant was sentenced to imprisonment with prison labor for the same kind of crime and for the past three months after the execution of the sentence was completed.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.