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(영문) 의정부지방법원 2013.05.29 2013노561
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and four months of imprisonment) is too unreasonable.

2. In light of the following circumstances: (a) the Defendant made a confession of the instant crime and made a statement that his mistake is divided in depth; (b) the Defendant’s family members and persons who want to take the Defendant’s wife while actively paying attention and leading the Defendant; (c) although the instant crime committed by the Defendant does not fall short of the nature of the crime; and (d) the amount of narcotics handled by the Defendant is not much significant; (b) the Defendant committed again the instant crime without being aware of the fact that the Defendant had been punished several times of imprisonment with prison labor for the same kind of crime before the instant crime; and (c) other circumstances, including the Defendant’s age, character and conduct, intelligence and environment, the motive, means and consequence of the instant crime, the circumstances after the crime, family relations, health conditions, etc., as indicated in the argument of the instant case, are comprehensively considered, considering various circumstances asserted by the Defendant, the lower court’s judgment is inappropriate and unreasonable, and thus, is not justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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