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(영문) 서울중앙지방법원 2014.11.13 2014노3336
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment, confiscation, and collection KRW 3730,00) on the gist of the grounds of appeal is too unreasonable.

2. Although there are circumstances favorable to the defendant, such as the confession and reflection of the defendant in determining the grounds for appeal, and the absence of the same kind of criminal record, considering the following circumstances, the sentence imposed by the court below is not deemed unfair since the sentence imposed by the defendant is inappropriate, the defendant's assertion is not acceptable.

The number and quantity of purchases and medication are large, and the crime is synent with the case of selling phiphones openly via the Internet. The scope of the recommended sentence based on the sentencing guidelines falls within one year to three years (the case of multiple crimes in the basic area). The punishment determined by the court below appears to have taken into account all favorable circumstances for the defendant, and there is no change in special circumstances or circumstances that may be newly considered in the sentencing after the sentence of the court below. 3. The conclusion of the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the lower court’s judgment is corrected on the ground that “from April 2014 to April 3, 2014” was “from April 2014” and “from April 2014.”

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