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(영문) 서울중앙지방법원 2014.03.13 2014노237
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 up to 8 months and collection of 100,000 won) declared by the court below is too unreasonable.

2. We examine the judgment on the grounds of appeal, and there are extenuating circumstances such as the Defendant’s confession of all of the instant crimes and reflects in depth the mistake, and the Defendant was actively receiving drug addiction treatment at a medical institution around May 2012, and around August 2013, there is a need to take account of the following: (a) from around August 2013, 2013, the Defendant is growing down the will under religious belief.

However, even though the Defendant had been sentenced three times as punishment for the same crime since 2002, the Defendant again committed the instant crime during the period of repeated crime, taking into account the circumstances favorable to the Defendant, and the lower court rendered a sentence that falls short of the lower limit of the scope of sentencing recommended according to the sentencing guidelines, taking into account the following circumstances: Defendant’s age, character and behavior, environment, motive and background of the instant crime, means and method of the crime, and circumstances after the crime, etc., the sentence of the lower court is not deemed to be too unreasonable, and thus, the Defendant’s above assertion is groundless.

3. Accordingly, 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 groundless. It is so decided as per Disposition.

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