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(영문) 서울동부지방법원 2015.08.20 2015노725
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) shall be excessively unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant led to the confession and reflect of the instant crime; (b) the Defendant did not repeat the crime through mental therapy; and (c) the Defendant’s support for the her mother.

On the other hand, even though the defendant had been punished several times due to the same crime, the fact that the defendant again committed each of the crimes of this case, whether he completed the convict life due to the same crime, and that the crime was committed again again for four months, and that there is a significant punishment, etc., which are disadvantageous to the defendant. Considering the above circumstances and other circumstances, taking into account all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

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.

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