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(영문) 서울중앙지방법원 2015.09.03 2015노2569
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the first crime: imprisonment with prison labor for two months, the suspension of execution for one year, and the second crime as decided by the court below: Penalty of 8 months and 300,000 won) that the court below made is too unreasonable.

2. The judgment on the grounds of appeal is against the defendant, and there are no circumstances to consider the circumstances such as equity in the case where the defendant was sentenced to a suspended sentence of two years for the crime of violating the Act on the Control of Narcotics, etc. (fence) at the Seoul Central District Court on December 11, 2014 and the case where the second crime in the judgment was judged together with a crime of violating the Act on the Control of Narcotics, etc., but the court below seems to have determined the sentence in consideration of the circumstances favorable to the defendant. There are no special circumstances or circumstances that may be newly considered in sentencing after the sentence of the court below, and there is no change in the sentencing. The fact that the defendant committed the second crime in the judgment of this case only for several months after the sentence was suspended for the execution of imprisonment for the same kind of crime, and other various circumstances that form the conditions of the argument and the judgment in the record of this case, such as the defendant's age, character and behavior, environment, motive, means and method of the crime, after the crime, etc.,

Therefore, we cannot accept the defendant's above assertion.

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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