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(영문) 서울중앙지방법원 2018.03.29 2017노4804
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence (one year and one year, confiscation, and additional collection KRW 100,000,000 imposed by the court below) is too unreasonable.

2. The lower court seems to have sentenced 1 year and 10 months, considering the circumstances unfavorable to the Defendant and the sentencing guidelines of the Supreme Court sentencing committee (one year to four years) by taking into account the following: (a) the Defendant’s favorable circumstance, including the Defendant’s confession of all crimes, and the Defendant’s history of punishment more than 10 times for the same crime; (b) the Defendant again committed the instant crime for the same kind of crime as long as the execution of imprisonment was completed; and (c) the volume of phiphonephones possessed for sale was not much significant.

When comprehensively considering the conditions of sentencing, the sentencing of the court below exceeded the reasonable limit of its discretion, and the sentencing criteria, etc. in the court below’s sentencing.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the defendant's career, sex, environment, family relationship, motive, background, means and consequence of the crime, etc. are considered, the sentence of the court below shall be proper and too unreasonable.

3. In conclusion, 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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