logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.01.12 2016노2813
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

The main reason for appeal is that the sentence imposed on the defendant (one year of imprisonment and one year of confiscation, additional collection of 3530,000 won) by the court below is too unreasonable.

Judgment

It is recognized that the defendant actively cooperates in the investigation of other narcotics-related crimes, and some of the crimes of this case are in the relation of concurrent crimes after Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act in relation to the crime for which judgment has become final and conclusive, such as the first head of the crime in the judgment of the court below.

However, in the past, the defendant has been sentenced to imprisonment with prison labor for the same kind of drug crime, and in particular, some of the crimes of this case have been committed during the suspension period of imprisonment with prison labor for the same kind of drug crime.

Defendant has been punished as a crime of fraud.

up to the trial of the defendant, the defendant did not agree with the victim of the fraud or recover the damage.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

Therefore, 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.

arrow