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(영문) 서울중앙지방법원 2013.12.26 2013노3719
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. We can take into account the following circumstances: (a) the Defendant’s determination on the grounds for appeal reflects the Defendant’s mistake in depth; (b) most philophones were seized; and (c) the health of the Defendant appears to be unnecessary.

However, in full view of various circumstances, 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 crime, the Defendant committed the crime of this case even during the period of repeated crime, and the act of arranging the trade of phiphones is not good to form the crime by spreading phiphones, taking into account the circumstances favorable to the Defendant, the lower court sentenced the lower court to the sentencing sentencing range based on the sentencing guidelines, taking into account the circumstances favorable to the Defendant, and there is no change in the circumstances or circumstances that may be newly considered in the sentencing after the sentence of the lower judgment was rendered, and other various circumstances that form the conditions for the argument and the sentencing specified in the record of this case, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, means and method of the

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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