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(영문) 서울중앙지방법원 2014.11.13 2014노3337
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (two years of suspended execution for one year of imprisonment, 40 hours of probation and order to attend a lecture, and 6.9 million won of additional collection) is too unreasonable.

2. Although there are favorable circumstances for the defendant, such as the confession and reflection of the defendant, and the primary offender, considering the following circumstances, the sentence imposed by the court below is unlimited and unreasonable, and thus, the defendant's assertion is not acceptable.

There are a large number of purchases and medications. The scope of the recommended sentence for the sentencing guidelines falls within one year to three years (two types of basic areas, such as trading, good offices, etc.). The punishment determined by the court below appears to have fully taken into account the circumstances favorable to the defendant, and there is no special change or change of circumstances that may be newly considered in the sentencing after the court below was sentenced. 3. The defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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