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(영문) 서울중앙지방법원 2014.09.18 2014노1998

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment, confiscation, and additional collection KRW 303,00) is too unreasonable in light of the gist of the grounds for appeal.

2. Although there are favorable circumstances for the Defendant, such as the confession and reflection of the Defendant’s judgment as to the grounds for appeal, and the fact that the suspended sentence sentenced in 2013 is expected to be invalidated, considering the following circumstances, the Defendant’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is unreasonable due to the lack of sentence imposed by the Defendant.

It is difficult to be exempted from punishment for each of the instant crimes in that the instant crimes were committed, even if having been sentenced to a fine and a suspended sentence on the same criminal records two different criminal records. During the suspended sentence period, the scope of the recommended sentence for the sentencing guidelines falls within the period from October to August (in the basic area of medication, simple possession, etc.). The punishment determined by the lower court appears to have taken into account all favorable circumstances for the Defendant, and there is no special change or change in circumstances that may be newly considered in the sentencing after the sentence of the lower judgment. 3. In conclusion, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that there is no justifiable reason, and thus, it is so decided as per Disposition.