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(영문) 서울중앙지방법원 2014.05.29 2014노1195
마약류관리에관한법률위반(향정)
Text

The judgment below

In the case of the original adjudication of the defendant, the part of the original adjudication, which is sentenced to two months of imprisonment, shall be collected.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of two months for the first crime, the imprisonment of one year and two months for the second crime and the additional collection of 400,000 won for the second crime) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the records of this case, prior to the judgment on the grounds for appeal by the defendant as to the part concerning the crime No. 1 at the time of original adjudication, the defendant was sentenced to imprisonment with prison labor, 1 year, 4 months, and 2 months at the District Court on July 24, 2007 and completed the execution of the above punishment on May 27, 2008. Thus, the judgment of the court below that the crime No. 1 was committed in first trial on August 2009 constitutes a repeated crime, even if the crime was committed in first trial on August 209.

B. The circumstances are as follows: (a) the Defendant’s decision of unfair sentencing on the crimes of Articles 2 through 4 is against the wrong determination; (b) the fact that the Defendant appears to have cooperated with the narcotics investigation; (c) the intention of marriage is to marry; and (d) the health is not good.

However, the Defendant again committed each of the crimes of this case during the period of repeated crimes after being released from prison, even though there were two previous convictions of the same crime, and provided narcotics to D as well as narcotics, etc. to spread them, and caused the crimes related to narcotics, etc., taking into account the above circumstances favorable to the Defendant. The lower court determined the sentence in light of the following circumstances and circumstances that are newly considered in sentencing after the sentence of the lower judgment was rendered, and the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and other various circumstances that form the conditions for sentencing as indicated in the argument and records of this case, including the Defendant’s age, character and behavior, environment, motive and method of the crime, and the circumstances after the crime was committed

3. The part of the judgment of the court below regarding the first crime in the judgment of the court below regarding the first crime shall be sentenced to imprisonment with prison labor for not more than two months and additional collection.

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