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(영문) 서울남부지방법원 2016.07.15 2016노721
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (ten months of imprisonment) is unreasonable as it is excessively unreasonable.

2. Determination ① that the Defendant was indicted for a single medication only once in this case, and that the Defendant recognized the instant crime is favorable.

(2) However, in full view of all the circumstances, including the background, means, results, and circumstances after the crime of this case, the sentence of the court below is too excessive and it cannot be deemed unfair in view of the following: (a) the crime of this case was committed again during the period of repeated crime, despite the fact that the criminal committed the crime of this case was destroyed by destroying the criminal himself/herself, his/her family, and society and causing other crimes; and (b) the defendant was punished twice by imprisonment for a 10-month drug crime in 2013.

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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