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(영문) 서울중앙지방법원 2018.12.13 2018노3084
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment, additional collection KRW 2.5 million) is too unreasonable.

2. The lower court seems to have sentenced one year of imprisonment, taking into account the following factors: (i) the favorable circumstances for the Defendant, the recognition of the Defendant’s mistake, the fact that the Defendant appears to have relied on the relevant investigation, and the fact that there was no record of having been sentenced to imprisonment, and (ii) the social harm of the narcotics crime, the Defendant’s suspended execution twice the sentence of imprisonment for the same crime, and the fact that there was a record of two times each

In full view of the Defendant’s age, career, sex, environment, family relation, health status, volume and frequency of the act, motive and circumstance of the act, means and consequence of the act, etc. in the trial, the sentencing judgment of the lower court exceeded a reasonable limit of discretion, even considering the circumstances where the Defendant is a good social relation, the Defendant faithfully worked at the workplace for a long time, and the present intention to stop narcotics.

It is not unfair to evaluate or maintain the sentencing of the court below as it is.

Therefore, the sentence of the court below is proper, and it is not recognized as unfair because it is too unreasonable.

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

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