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(영문) 서울중앙지방법원 2014.03.13 2014노236
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (two months of imprisonment and three hundred thousand won of collection) is too unreasonable.

2. The circumstances are as follows: (a) the Defendant’s decision on the grounds for appeal reflects the Defendant’s fault in depth; (b) the Defendant cooperates in the investigation into E and G; and (c) the Defendant’s decision on the suspension of execution for six months as follows is anticipated to be invalidated.

However, even if the Defendant was sentenced to a suspended sentence of six months for the same crime on April 17, 2013 and was under the grace period, the Defendant again committed the instant crime, taking into account the above circumstances favorable to the Defendant, and the lower court determined the sentence in consideration of the circumstances favorable to the Defendant, and there is no special change in circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment was rendered, and in full view of the various circumstances, which are the conditions for sentencing as indicated in the instant pleadings and records, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, it is not recognized that the sentence imposed by the lower court is too unreasonable

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.

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