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(영문) 서울중앙지방법원 2017.09.07 2017노1911
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 punishment (10 months of imprisonment) is too unreasonable.

2. The judgment below rendered a sentence of 10 months to the defendant in consideration of the circumstances favorable to the defendant, such as the fact that the defendant committed the crime of this case during the period of repeated crime of the same kind, the fact that the defendant escaped after undergoing an investigation by the investigative agency, the fact that the defendant was repented in depth, cooperation in the investigation of the person related to narcotics, the defendant's support for his mother, or the fact that the surrounding people seem to have a social relation, such as seeking the defendant's preference, etc.

In light of the sentencing conditions acknowledged by the lower court, the lower court’s sentence appears to have been within the reasonable scope of discretion, and the lower court’s report was additionally accepted on August 16, 2017, to the effect that the Defendant provided information on the medication to the Defendant for cooperation in the investigation, but there was a significant change in the sentencing conditions solely on the above investigation report, as the above narcotics medication and the Defendant did not appear to have any relation with the above narcotics medication and the Defendant, and the background leading up to such reporting

Since it is difficult to see the sentencing of the court below, it cannot be deemed unfair because the sentencing of the court below is too large.

3. 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.

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