logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.05.23 2013노936
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. We can take into account the following circumstances: (a) the Defendant’s erroneous judgment as to the grounds for appeal reflects the Defendant’s depth; (b) the Defendant’s written confirmation of investigation cooperation to the effect that he/she has provided an important cooperation to the investigation of the crime of narcotics was submitted to the court of original instance; and (c) the Defendant shows his/her intent to cease the narcotics upon receiving a mental and treatment related to narcotics nine times from March 201 to September 2012.

However, the Defendant committed the instant crime on March 30, 2010, even though he was sentenced to a punishment for the same crime on the same occasion and was serving as a repeated crime, and the Defendant committed the instant crime without being subject to the administration of phiphonephones, and even if sold without being subject to the administration of phiphones, the nature of the crime is not good. The lower court determined the sentence in consideration of the circumstances favorable to the Defendant, and there is no special change in circumstances or circumstances that may be newly considered in the sentencing after the sentence of the lower judgment was rendered, and in full view of other various circumstances that form the conditions for the argument and sentencing as indicated in the instant case, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, the Defendant’

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.

arrow