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(영문) 서울중앙지방법원 2017.11.16 2017노3269

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months of imprisonment) is too unreasonable.

2. The lower court rendered a sentence of 10 months to the Defendant, taking into account the favorable circumstances, such as: (a) the Defendant had a record of having been punished several times for the same kind of crime; (b) the Defendant committed each of the instant crimes during the repeated crime period immediately after the completion of the execution of punishment for the same kind of crime; (c) the Defendant appears to have committed a mistake by recognizing all the crimes; (d) having cooperated with the investigation by informing the relevant narcotics offender; and (e) having not many frequency of the crimes.

In light of the sentencing conditions acknowledged by the court below, since the sentencing of the court below appears to be within the reasonable scope of discretion, and there is no particular change in the sentencing conditions compared to the court below in the first instance, it cannot be deemed that the sentencing of the court below is unfair due to its absence.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.