logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.02.20 2013노4398
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. The circumstances are as follows: (a) the Defendant’s decision on the grounds for appeal reflects the Defendant’s mistake in depth; (b) the Defendant cooperates in the investigation of H who sold phiphones and marijuana to himself/herself; and (c) must support two young children and their wifes.

However, the Defendant has been punished twice for the same crime (one time of fine, one time of suspended execution), and in particular, on September 2008, the Defendant started to commit the instant crime in the short term after being sentenced to a suspended sentence of ten months for the same crime, which was sentenced to a two-year imprisonment for the same crime, and the period of suspended execution expires within the short term after the suspended sentence expires, and the Defendant’s assertion is not acceptable, in full view of the following: (a) there is no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment was rendered; and (b) there is no change in the circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower court was rendered; and (c) there is no other circumstance or circumstance that the Defendant’s age, character and behavior, environment, motive, means and method of the instant crime, and the circumstances after the crime was committed, which are the conditions for sentencing

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.

arrow