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(영문) 서울중앙지방법원 2016.06.30 2016노1404
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (one year and two months of imprisonment, additional collection KRW 900,00) on the summary of the grounds of appeal is too unreasonable.

2. Although H provided information to the investigation agency about the fact that the shotphone was sold beyond the simple administration of judgment, H did not constitute an "important investigative cooperation", which is a special mitigation factor in the sentencing guidelines, because the contents of the crime are more severe crimes in comparison with the crime in this case by the defendant, or because it is difficult to view that the crime is more severe crimes in the course of the crime, or crimes committed by many people, and the quantity, frequency, and duration of narcotics, etc., etc., which are the special mitigation factor in the sentencing guidelines. The above circumstances are already considered as a general mitigation factor in the court below. The punishment sentenced by the court below is within the scope of imprisonment with prison labor (one year or three years and eight months) under the sentencing guidelines, and there is no change in the sentencing guidelines since new sentencing data was not submitted in the court below, and considering the detailed sentencing reasons in detail, the court below's punishment was too excessive beyond the reasonable scope of discretion.

shall not be deemed to exist.

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.

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