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(영문) 서울중앙지방법원 2014.09.18 2014노2560
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment, additional collection of 10,976,00 won) is too unreasonable.

2. Examining the following circumstances in light of the determination on the grounds for appeal, the Defendant’s assertion is not acceptable on the ground that the sentence imposed by the lower court is unreasonable.

The favorable circumstances: The scope of the recommended sentence under the sentencing guidelines is between 8 months and 2 years [the two types of punishment, such as purchase and sale mediation, important cooperation, investigation cooperation, etc., and the same kind of punishment within 3 years] and 3 years and 4 months (the same type of punishment, such as purchase and sale mediation, etc.). The sentence determined by the court below seems to have taken into account all the favorable circumstances of the defendant, and there are no special changes or changes in circumstances that may be newly considered in the sentencing after the sentence of the court below is pronounced. The defendant's appeal is without merit, and there are no special grounds or changes in circumstances that may be newly considered in the sentencing. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the part of the judgment of the court below that "the corresponding Article of the Act on 1. Criminal Offense" in the application of the Act shall be corrected as follows.

Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (the point of trade, good offices in trade, medication, delivery, and provision), Article 30 of the Criminal Act, Article 60(1)2 and (3), Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (the point of transaction, good offices in trade, medication, delivery, and provision), Article 60(1)2 of the Criminal Act, Article 60(3), and Article 4(1)1 of the Act on the Control of Narcotics

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