logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.12.26 2014노1453
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

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

2. Although there are some favorable circumstances for the defendant, such as the fact that the defendant's mistake is divided in depth and reflects on his own mistake, the defendant's current state of health is not good due to high blood pressure, etc., and the company operating the company seems to have been in a very difficult situation, the defendant has been punished for narcotics crimes from around 1998 to 2012, and the defendant committed each of the crimes of this case again during the period of repeated crime (in addition, 3 times of actual punishment, 2 times of suspended execution, 1 time of fine), and the crime related to narcotics is committed again during the period of repeated crime. As such, there is a need to strictly punish the crimes related to narcotics as serious crimes with social harm and danger of repeating the crime, and there are other unfavorable circumstances, such as the motive, means and result of each of the crimes of this case, the circumstances, age, character and behavior of the defendant, intelligence and environment after the crime, and the result of the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

[However, in the application of the law of the court below, Article 60 (1) 3 of the "Article 60 (1)" in the "Article 60 (1) 2" and "Article 2 subparagraph 4 (b) of the "Article 2" are clearly erroneous statements in the "Article 2 subparagraph 3 (b)," and such erroneous statements shall be corrected in accordance with Article 25 of the Regulation on Criminal Procedure.

arrow