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(영문) 서울중앙지방법원 2018.08.16 2018노1253
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the penalty amounting to five million won) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant committed the instant crime on several occasions due to the same type of crime; (b) the Defendant committed the instant crime on three months only after having been sentenced to punishment; and (c) the narcotics-related crime requires strict punishment because of considerable social harm; and (d) other circumstances that form the conditions for the argument and sentencing specified in the record, including the Defendant’s character and behavior, environment, motive and background of the crime, means and method of the crime; and (e) the circumstances after the crime, etc., the Defendant’s act of violation of the Narcotics Control Act, which became final and conclusive on February 13, 2018, should take into account the equity with the case where the Defendant was punished, even if considering the favorable circumstances favorable to the Defendant, such as the Defendant’s act of violation of the Narcotics Control Act, which

3. In conclusion, 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 is without merit. It is so decided as per Disposition.

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