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(영문) 서울중앙지방법원 2013.08.29 2013노2204
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment, and two hundred thousand won of additional collection) is too unreasonable.

2. Although there are extenuating circumstances, such as the fact that the Defendant recognized his mistake and reflects in depth the Defendant’s decision on the grounds for appeal, cooperation with the investigation agency for the investigation of a narcotics offender, etc., it is inevitable for the Defendant to sentence a sentence for a period equivalent to that of the instant crime to be committed during the period of repeated crime for which the Defendant was punished for the same kind of crime has not yet passed since the completion of the execution of the sentence, considering the circumstances favorable to the Defendant, the lower court appears to have already determined the sentence in consideration of the aforementioned circumstances, and there are no special circumstances or changes in circumstances that may be considered for sentencing newly after the pronouncement of the lower judgment, and other various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the conditions for sentencing specified in the arguments and the records of the instant case, even if all of the circumstances alleged by the Defendant are considered, it cannot be deemed unfair to sentence too far

3. In conclusion, 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.

(However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, Article 4 (1) of the Act on the Control of Narcotics, Etc. is deemed to apply "Article 4 (1) of the Act on the Control of Narcotics, Etc." to "Article 4 (1) 1 of the Act on the Control of Narcotics, etc." in the applicable law of

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