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(영문) 서울동부지방법원 2017.08.18 2017노781
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence (the imprisonment of 8 months and the additional collection of 600,000 won) imposed by the lower court against the Defendant is too unreasonable.

2. The lower court, under favorable circumstances, rendered a sentence identical to that set forth in paragraph (1) by comprehensively taking account of the following: (i) the Defendant led to the confession and reflection of each of the instant crimes; (ii) the Defendant’s contribution to detect and prosecuteing smuggling selling chophonephones to many unspecified persons via the Internet; (iii) the crime of narcotics is likely to debris the whole of individuals, homes, society, and humanity; and (iv) there is a need for strict punishment in that it is a social path beyond individual criminal acts; and (v) the Defendant committed each of the instant crimes even during the period of suspension of execution due to the same kind of crime, even though it is still during the period of suspension of execution.

In full view of the above circumstances and other arguments and records, the sentencing of the lower court appears to have been appropriately determined by fully considering the various sentencing grounds asserted by the Defendant, and there are no special circumstances to the extent that the above punishment is modified.

In the end, the defendant's argument of sentencing is not acceptable.

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

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