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(영문) 서울동부지방법원 2016.08.26 2016노845
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the damage to the larceny of this case is relatively minor, that the victim is not subject to the punishment of the defendant, that the defendant reflects his mistake in depth, that the defendant is not in good health condition, and that there is a family member to support.

However, the court below’s sentence is not heavy even when taking into account the above favorable normal data, even if taking into account the aforementioned favorable normal data in light of the following: (a) the Defendant’s history of being punished for larceny seven times; and (b) three times the period of punishment for a violation of the Narcotics Control Act (fence); and (c) the period of punishment for a repeated crime; (d) the background leading up to the commission of the crime; (e) the details and consequence of the crime; and (e) the Defendant’s age and sexual conduct.

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. It is so decided as per Disposition.

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