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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.01.28 2015노4444
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of two years and six months, confiscation, collection 23.2 million won) is too unreasonable.

2. Although there are extenuating circumstances, such as the fact that the Defendant acknowledges and reflects all of the instant crimes, the fact that the Defendant appears to be prone, cooperation in the investigation of drug-related persons, the last fact that the Defendant committed the instant crimes, which led to the instant crimes only ten years since he committed the instant crimes, and the family relationship and health conditions of the Defendant, the lower court appears to have determined the punishment by reflecting all of the circumstances in the lower court, and there are no special circumstances to change the sentencing in the first instance trial.

On the other hand, comprehensively taking account of the following: (a) the amount and frequency of philophones handled in the instant case; (b) the circumstances after the commission of the crime; and (c) the Defendant’s age, sex, career, environment; and motive, means, and consequences of the crime; and (d) the sentencing of the lower court is determined within reasonable and appropriate scope; and (e) it is not deemed unfair because it is excessively unreasonable.

Therefore, the defendant's assertion is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal for conclusion is without merit.

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