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(영문) 서울중앙지방법원 2014.10.02 2014노2338
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment, additional collection of 1.2 million won) is too unreasonable.

2. Although there are circumstances favorable to the defendant, such as the confession and reflection of the defendant in determining the grounds for appeal, the fact that there is no previous conviction related to narcotics, and the fact that the health is not good, considering the following circumstances, the defendant's argument is not acceptable since the sentence imposed by the court below is unreasonable.

The act of selling phiphonephones to other persons and spreading narcotics is pleasure of the nature of the crime. The amount of the fraud fraud fraud is high (114.5 million won), and the damage recovery and agreement is not reached. All the amount acquired by deception is the crime that consumes in gambling. The scope of the recommended sentence in the sentencing guidelines falls within one year to five years (the result of multiple crimes). The punishment determined by the court below is considered both favorable and unfavorable circumstances for the defendant, and there is no change in special circumstances or circumstances that may be newly considered in the sentencing after the sentence of the court below. 3. The defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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