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(영문) 서울중앙지방법원 2014.06.12 2014노753
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one hundred months of imprisonment, two hundred and five million won of additional collection) is deemed to be too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s misjudgments the reasons for appeal against the mistake; (b) cooperation in the investigation of the relevant narcotics-related criminal; (c) the support for the elderly without good health; and (d) it is anticipated that a suspended sentence of three years will be invalidated in October of the previous sentence.

However, in full view of the following circumstances: (a) the scope of recommendation in the sentencing guidelines is between one year and three years; (b) the period of suspension of execution for the same kind of crime has already been punished seven times; (c) the repetition of the instant crime even during the period of suspension of execution due to the same criminal conviction; (d) the number of times of the crime has been reduced; (b) the lower court has determined the punishment in consideration of the above circumstances favorable to the Defendant; and (c) there is no special change in circumstances or circumstances that may be newly considered in the sentencing after the sentence of the lower judgment; and (d) other circumstances that form the conditions for the argument and the sentencing specified in the record of the instant case, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the

3. 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.

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