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(영문) 서울중앙지방법원 2017.10.26 2017노2964
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and two months of imprisonment) is too unreasonable.

2. In full view of the circumstances such as the Defendant’s age, sex, family relation, criminal record, motive, means, result, etc., the sentence imposed by the lower court is too unreasonable, and considering the following factors: (a) although the Defendant was the first offender and the Defendant was submitted a confirmation of cooperation in investigation at the trial; (b) some of the drug offenders indicated above are those who already known at the investigation stage; and (c) the lower court appears to have determined the sentence by reflecting this fact; and (d) the remaining drug offender cannot be deemed as having been an important cooperation in investigation to the extent that consideration of sentencing is given for lack of knowledge of the relationship with the Defendant, details of information, etc.; and (c) the amount and frequency of the phiphonephone handled by the Defendant was considerable and engaged in the distribution of

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so ordered as per Disposition.

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