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(영문) 서울동부지방법원 2014.06.20 2014노482
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (one year and six months of imprisonment, confiscation and collection) imposed by the court below against the defendant is too unreasonable.

2. Although there are some favorable circumstances for the defendant, such as the fact that the defendant's mistake is divided in depth and reflected, and that the defendant seems to have significantly cooperated in the investigation of other narcotics crimes after being detained, the defendant was sentenced to four times of suspended sentence from 1997 to 2010, and the defendant was sentenced to two years of imprisonment with prison labor for narcotics again, and the crime of this case is committed again between 2012 and 4 months after the execution of the sentence was completed, and the crime related to narcotics is committed as a repeated crime, and there is a need to strictly punish the crime as a serious crime with severe social harm and danger of recidivism, and there are other unfavorable circumstances such as the motive, means and result of each crime of this case, the circumstances after the crime, the age, character and behavior of the defendant, intelligence and environment, etc., and the result of applying the sentencing guidelines of the Sentencing Committee by the Sentencing Committee. Thus, the defendant's assertion that the above defendant's punishment is inappropriate.

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

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