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(영문) 서울북부지방법원 2012.12.12 2012노1331
마약류관리에관한법률위반(향정)
Text

The Defendants’ appeal is dismissed.

Reasons

1. Defendant A’s appeal asserts that the sentencing of the first instance court (one year and four months of imprisonment, and additional collection 2.1 million won) is too unreasonable. As such, Defendant A repeatedly committed each of the instant offenses during the period of repeated crime due to the same criminal offense even though Defendant A had several criminal records for the same kind of offense, and other various circumstances that form the conditions of sentencing as indicated in the records, such as the motive and method of the instant offense, the age and method of the Defendant A, character and conduct, environment, family relationship, etc., the first instance court’s sentence is too excessive and unreasonable. Thus, Defendant A’s above assertion is without merit.

Therefore, Defendant A’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

2. On October 12, 2012, Defendant B was dissatisfied with the first instance judgment and filed an appeal. On November 5, 2012, Defendant B did not submit the statement of grounds for appeal within 20 days from the deadline for submission of the written notification of receipt of trial records on November 5, 2012. The petition of appeal does not contain any grounds for appeal, and even if examining records, Defendant B’s appeal should be dismissed by decision pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act. However, as long as Defendant B’s appeal is decided as above, Defendant B’s appeal is dismissed by a en bloc judgment. It is so decided as per Disposition.

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