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(영문) 서울동부지방법원 2017.09.29 2017노1183
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal (an improper sentencing) and the fact that the defendant's sentence (an additional collection of KRW 8 months, confiscation, and KRW 200,00) against the defendant is too unreasonable.

2. The lower court, based on the following factors: (a) committed each of the instant crimes without being aware of the Defendant in unfavorable circumstances; (b) committed the instant crimes without being aware of the fact that it was during the period of suspension of execution; and (c) required strict punishment in light of the characteristics of the narcotics crime; (b) recognized all of the instant crimes under favorable circumstances; and (c) actively cooperated with the arrest of the investigative agency as a narcotic offender.

In full view of the reasons for sentencing indicated in the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by fully considering all the circumstances, including the various reasons for sentencing alleged by the Defendant, and there are no special circumstances to the extent that the said punishment is modified.

Ultimately, the defendant's argument of sentencing is without merit.

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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