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(영문) 서울동부지방법원 2013.04.12 2013노290
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (ten months of imprisonment) is too large and unfair.

2. The judgment of the court below is that the defendant recognized his mistake and divided each of the crimes of this case, although it cannot be deemed an illegal naval investigation, the defendant committed each of the crimes of this case, such as the defendant's age, character and conduct, environment, motive, means, result, etc. of the crime of this case and the fact that investigation into D, which is the upper line, was initiated through the cooperation of the investigation by G, etc., favorable to the defendant, or that the defendant committed each of the crimes of this case including the administration of philopon despite the fact that the defendant committed the crimes of this case in spite of the fact that the defendant had been sentenced to punishment for the same kind of crime in six times or more, and that the amount of philopon handled by the defendant (0.93g), the amount of philopon handled by the defendant has already been lower than the lowest sentence (one year and six months in prison) of the sentencing guidelines in consideration of the favorable circumstances of the defendant, and there are no other circumstances that may be too unfair punishment.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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