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(영문) 서울중앙지방법원 2014.10.02 2014노2592
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment, 1 year and 6 months, 4,601, 500 won) of the lower court’s sentencing is too unreasonable.

2. As to the grounds for appeal, the Defendant is able to repent of the error in depth and will not repeat the case in the future.

However, even though the Defendant had had been punished several times for the same crime, part of the crime of this case was committed during the period of repeated crime, and the amount and frequency of phiphones handled by him is also rare.

On February 23, 2014, the defendant was arrested by a warrant of arrest on February 23, 2014 while refusing to summon by an investigative agency, and all of the visualphones and marijuana ingredients have been detected from the urine and hair taken the following day.

In full view of other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., as seen in the instant pleadings and records, it is not recognized that the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

[However, under Article 25(1) of the Rules on Criminal Procedure, the provisions of the law applicable to the judgment of the court below are as follows. 1. Article 60(1)3, Article 4(1), and Article 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201); Articles 60(1)2, 4(1)1, and 2 subparag. 37(b) (Article 1-4) of the Narcotics Control Act (Article 60(1)4(a) and 3 subparag. 10(b) of the Narcotics Control Act (Article 61(1) of the Narcotics Control Act; Article 61(1)4(a) and Article 3 subparag. 10(b) of the Act on the Control of Narcotics, Etc. (Article 25(2) of the same Act); each choice of imprisonment with prison labor]

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