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(영문) 서울중앙지방법원 2016.11.24 2016노2835

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, confiscation, and collection KRW 3.5 million) is too unreasonable.

2. The sentence imposed by the court below shall be the range of recommendations for the sentencing guidelines (a period of one year to three years and eight months (a decision of imprisonment), including the sale and purchase of, and the good offices for, the narcotics (a decision of imprisonment).

Items c) and c.

[Determination on the scope of recommendation] Basic Area: Imprisonment with prison labor for one year or two years (general person who is a general person): General investigation cooperation - Aggravation element: The result of multiple repeated crimes [the scope of final sentence] increased [the result of 1/2 maximum crime 1/3 of the maximum limit of crime 1/2] increased [the result of 1/3 of the maximum crime : one year or three years and eight months], N in the trial, andO cooperation with the investigation of the Defendant was submitted. However, although the contents of the drug crime investigated by the Defendant are more types of crimes that are heavier than that of the Defendant when compared to the instant crime, or because the nature of the crime is more severe in the stages, frequency, frequency, period, etc. of crimes, narcotics, etc., the court below’s reasonable discretion cannot be deemed to have exceeded the scope of discretion, considering the following factors: (a) there is no change in sentencing conditions, the number of crimes handled, and the quantity of telephonephones handled, etc. compared with the court below’s judgment.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.