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(영문) 서울중앙지방법원 2018.07.12 2018노1435
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant was punished by imprisonment with prison labor for six times as a result of a drug-related crime; (b) the Defendant committed each of the instant crimes at once more than five months after being released even though he/she was in the period of repeated crime; (c) the Defendant himself/herself administered and injected phiphones to D; and (d) the Defendant’s character and behavior, environment, motive, background, means and method of the crime, and circumstances after the crime, etc.; and (d) other circumstances that are favorable to the Defendant, including the circumstances after the crime, such as the Defendant’s character and behavior, environment, motive and circumstance of the crime, means and method of the crime; and (e) taking into account the circumstances favorable to the Defendant, even if the sentence imposed by the lower court is too unreasonable

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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