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(영문) 서울동부지방법원 2015.09.17 2015노762
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year imprisonment, a surcharge of 1,263,00 won, which the court below sentenced to the defendant, is too unreasonable.

2. As to the grounds for appeal, there are extenuating circumstances, such as the confession of all the crimes and the misunderstanding of errors, the fact that the hospital specializing in the treatment of narcotics addiction has to receive full-time medical treatment, the most support for the wife and his/her dependants, and the fact that the state of health is not good due to the urology and liveration, etc.

However, in light of the fact that the Defendant had been punished about about 10 times due to the administration of phiphones, etc. from around 1991 to around 10 times, the Defendant was sentenced to imprisonment with prison labor for the same kind of crime on November 11, 201, and the execution of the sentence was completed on November 11, 201, and again received and administered phiphones again during the repeated period, and conducted sexual traffic with women, etc. In addition, examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., as well as the circumstances after the crime, the sentence imposed by the lower court against the Defendant is appropriate and its determination is not unreasonable.

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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