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(영문) 서울중앙지방법원 2013.08.22 2013노1919
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. We can take into account the following circumstances: (a) the Defendant’s decision on the grounds for appeal reflects the Defendant’s fault in depth; and (b) the Defendant has no previous conviction.

However, in full view of the following circumstances, the Defendant committed the instant crime within the short period after release, the amount of phiphonephones handled by the Defendant and the number of crimes, and the lower court’s punishment was determined by taking account of the circumstances favorable to the Defendant, and there is no special change in circumstances or circumstances that may be newly considered in the sentencing after the sentence of the lower judgment was rendered, and other various circumstances that form the conditions for the pleadings and the sentencing indicated in the records of the instant case, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, and thus, it is not recognized that the Defendant

3. In conclusion, 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, in accordance with Article 25 (1) of the Rules on Criminal Procedure, the judgment of the court below shall be corrected by adding "Article 4 (1)" to "Article 4 (1) of the Act on Criminal Crimes during the application of the law of the court below."

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