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(영문) 서울중앙지방법원 2013.06.13 2013노1319
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year and additional collection of 300,000 won) imposed by the lower court is too unreasonable.

2. Although the defendant's decision on the grounds for appeal is in depth after recognizing his mistake, the defendant was sentenced to two years of imprisonment with prison labor at the Seoul Central District Court on April 28, 201, which became final and conclusive on May 7, 2011, and sentenced to two years of suspension of execution, which became final and conclusive on May 7, 2011, the sentence for a considerable period of time against the defendant is inevitable; the court below has already determined a punishment by fully considering the circumstances favorable to the defendant; the court below has no special relation or change in circumstances that may be newly considered in the trial; and other various circumstances, such as the defendant's age, home environment, character and conduct, motive, means and consequence of the crime, and circumstances after the crime, etc., taking into account all the circumstances asserted by the defendant as the grounds for appeal, it cannot be deemed that the sentence of the court below is too unreasonable even if considering all the circumstances asserted by the defendant as the grounds for appeal.

Therefore, the defendant's assertion is without merit.

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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