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(영문) 광주지방법원 2013.07.24 2013노1119
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant and his defense counsel is unreasonable in light of the following: (a) the defendant led to confession of the facts charged in the instant case and reflects his fault in depth; (b) the defendant’s return to the defendant is highly likely to make it difficult for his dependants to live; and (c) the defendant’s return to his prison career is serving a prison term of six months, additional collection of one hundred thousand won; and (b) the sentence of the court below

2. However, considering the motive and background leading up to the instant crime, the circumstances before and after the instant crime, and other various matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, etc., including the elements of sentencing unfavorable to the Defendant, as well as the factors of sentencing favorable to the Defendant, the lower court’s judgment cannot be deemed to be unreasonable because it is too unreasonable, considering the circumstances alleged in the grounds of appeal. Thus, the aforementioned argument is without merit.

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

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