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(영문) 서울중앙지방법원 2015.04.09 2014노5138
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not deliver 1.37 grams to U on April 2014, 201, for 11.37 grams (hereinafter “clopon”).

B. The lower court’s sentencing (one year and four months of imprisonment, confiscation, additional collection amounting to 26,197,500 won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant delivered 1.37 grams to U as stated in the facts constituting the crime, so this part of the defendant's assertion is rejected.

B. There are extenuating circumstances, such as the Defendant’s cooperation with the Defendant in the investigation and arrest of persons related to phiphonephones, and the Defendant confessions and objects to the crime.

However, in full view of the various circumstances indicated in the records and arguments of this case, including the amount of imprisonment and fines for narcotics-related crimes after the Defendant was sentenced to the suspension of execution on 193 due to the violation of the Cannabis Control Act, and the amount of the Defendant committed each of the crimes of this case during the period of repeated crimes, and the amount of the Defendant’s purchase and sale or delivery of phiphonephones, and the recovery of administered amount, and other Defendant’s age, character and conduct, history, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime was committed, the Defendant’s assertion is not accepted, since the Defendant’s sentence imposed on the Defendant is inappropriate.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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