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(영문) 서울동부지방법원 2015.11.19 2015노1109
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year imprisonment with prison labor imposed by the lower court, and confiscation and collection are too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant recognized all the crimes and misunderstandings, the fact that the health condition is not good, such as suffering from various mental illness caused by narcotics, the fact that he/she has cooperatedd in the investigation and trial of related cases, and the situation where he/she should support young children.

However, the Defendant has already been punished several times for the violation of the Act on the Control of Narcotics, etc., and immediately after having been released from the prison due to the same type of crime, repeated each of the instant crimes over several times during the period of repeated crime. Examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the lower court’s sentence against the Defendant is appropriate, and the amount of the sentence is not unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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