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(영문) 서울중앙지방법원 2015.01.29 2014노4851
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one hundred months of imprisonment, confiscation, and collection KRW 1420,00) is too unreasonable in light of the gist of the grounds for appeal.

2. Although there are favorable circumstances for the defendant, such as the confession and rebuttal of the defendant, and the absence of any particular criminal history, the number of times of sale and medication, which are disadvantageous to the quality of the crime, and the scope of the sentencing guidelines falls under the crimes committed by distributing narcotics to others, the scope of the sentencing guidelines falls under one year to three years (the multiple crimes committed in the basic sphere of two types). The punishment determined by the court below appears to have taken into account all favorable circumstances for the defendant, and there is no special change or change in circumstances that may be newly considered in the sentencing after the sentence of the court below is rendered, the defendant's assertion is not acceptable, since the sentence imposed by the court below is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per

[However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, the "Article 30 of the Criminal Act (with respect to Article 3(a) and Article 3(3) of the Criminal Act" shall be added, and the judgment of the court below shall be corrected.

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