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(영문) 서울중앙지방법원 2013.07.25 2013노1730
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing (one year of imprisonment with prison labor, and two years of suspended sentence in June, 2013) of the gist of the grounds for appeal (two years of suspended sentence in June) is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s erroneous determination as to the grounds for appeal reflects the wrongness of the Defendant; (b) the amount of damage caused by the threat is relatively less and the victim does not want the punishment of the Defendant at an investigative agency; and (c) the crime No. 2 in the judgment of the lower court should consider equity

However, the Defendant has been punished several times due to violent crimes (in particular, a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act in 2009) and a suspended sentence of two years for a violation of the Act on the Control of Narcotics, Etc. and the Act on the Control of Narcotics, Etc. on July, 2012 and a suspended sentence of two years for a violation of the Act on the Control of Narcotics, etc. and the probation period for a violation of the Act on the Control of Narcotics, etc., and committed a crime related to during the suspended sentence and drug during the period of probation. The lower court determined each punishment in consideration of the circumstances favorable to the Defendant, and the lower court did not change any special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment. Considering the following various circumstances, the Defendant’s age, character and behavior, environment, motive, means and method of the crime, and the circumstances after the crime, each of the sentence imposed by the lower court is unreasonable, and thus, the Defendant’s assertion is not acceptable.

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

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