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(영문) 서울고등법원 2016.05.26 2016노936
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the 4 years of suspended execution, the protection observation order, the community service order, the order to attend education, the confiscation and the collection in two years and six months) is too unreasonable.

2. In full view of all the circumstances, including the Defendant’s age, sex, environment, motive and background of a crime, circumstances after a crime, etc., and the sentencing guidelines of the Supreme Court Sentencing Committee, which are the conditions for sentencing as shown in the arguments and records, including the circumstances unfavorable to the Defendant, as well as favorable circumstances in the judgment of the court below on the grounds for appeal, and the sentencing guidelines of the Supreme Court Sentencing Committee, it is not recognized that the sentence imposed by the court below (the court below selected the lowest limit of the statutory penalty that has been mitigated as the principal sentence and added thereto) is too unreasonable, and thus, the Defendant’s assertion cannot be accepted.

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 decided as per Disposition.

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