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(영문) 서울중앙지방법원 2014.03.20 2013노4359
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentencing of the lower court (two years of probation, 40 hours of probation, and 100,000 won of the pharmacologic treatment in the period of eight months of imprisonment) is too unreasonable.

2. There are extenuating circumstances such as the confession of the Defendant to the crime of this case, the fact that the Defendant committed a crime of this case, committed a active cooperation with the investigation agency for arresting a narcotics offender, and that the Defendant did not have any record of punishment as a sentence.

However, on May 29, 2009, the Defendant was sentenced to a suspended sentence of ten months for the same crime at the Seoul Central District Court, and the Defendant committed the instant crime during the suspended sentence period, taking into account the following circumstances: the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and method of the crime, and the circumstances after the commission of the crime, etc., the Defendant’s punishment imposed by the lower court is too unreasonable, and thus, the Defendant’s above assertion is without merit.

3. 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 groundless. It is so decided as per Disposition

However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the summary of the evidence of the judgment of the court below shall be deleted.

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