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(영문) 서울중앙지방법원 2013.10.17 2013노2503
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a prison term of one year and six months, confiscation, additional collection of 1,184,200 won) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the defendant recognized his mistake and reflects in depth on the grounds for appeal, the defendant seems to have lived faithfully after being punished for the same kind of crime in 198, and the defendant's cooperation with the investigation agency in the investigation of narcotics criminal. However, even though the defendant was voluntarily present at the investigation agency to investigate the crime of narcotics, he continued to commit the crime of narcotics and repeated treatment, etc. without being aware of the fact that the defendant had been detained. Accordingly, the number of times of committing the crime is considerable and handled, the sale or provision of the phiphones is not sufficient to constitute a crime that spreads the phiphones to others. Considering the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the defendant's argument that the defendant's argument is too unreasonable is not acceptable, considering all the circumstances asserted by the court below.

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

(However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, Article 4 (1) of the Act on the Control of Narcotics, Etc. is deemed to apply "Article 4 (1) of the Act on the Control of Narcotics, etc." to "Article 4 (1) 1 of the Act on the Control of Narcotics, etc." in the relevant provision of

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