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(영문) 서울중앙지방법원 2017.08.10 2017노1764
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment with prison labor) is too unreasonable.

2. The lower court sentenced the Defendant to two years of imprisonment in consideration of the unfavorable circumstances, such as: (a) the confession of the Defendant and the mistake against the Defendant; and (b) the cooperation with the investigation was favorable; (c) the same force is possible; (d) the Defendant again committed the instant crime during the period of repeated crime of the same kind; (e) the volume of the penphone handled by the Defendant exceeds 50 grams; and (e) the number of times handling the penphones handled by the Defendant exceeds 50 grams; and (e) the Defendant distributed a large quantity

In light of the sentencing conditions acknowledged by the lower court, the lower court’s sentencing appears to have been within the reasonable scope of discretion, and at the same time, there was no significant change in the sentencing conditions compared to the lower court’s judgment (in the first instance trial, the first instance court submitted a written confirmation of cooperation in investigation on June 22, 2017), but the person subject to cooperation in investigation has already been reflected in the lower judgment at the investigation stage or has already been reflected in the investigation stage, or has a fall short of the relationship with the Defendant, and thus, there was a significant change

It is difficult to see that the lower court’s sentencing is too excessive and unfair.

3. 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.

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