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(영문) 서울서부지방법원 2015.09.11 2015노1074
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant is too unreasonable that the sentence imposed by the court below is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the confession and reflect of the instant crime; (b) the assistance in arresting a drug offender in cooperation with the investigation; and (c) raising the two ancillarys.

However, the crime related to narcotics, etc. does not cause physical and mental harm to an individual caused by its toxicity, but it is an unsatisfy crime that may cause serious harm to society as a whole due to its propagation. Therefore, it is necessary to punish the offender to eradicate the crime. The Defendant committed again the crime of this case even though he had the record of suspended execution and imprisonment with prison labor several times, including the same kind of crime, which is disadvantageous to the Defendant. As such, the Defendant’s age, character and behavior, environment, family relationship, motive and circumstance of the crime of this case, etc., as well as all of the sentencing conditions shown in the arguments of this case, including the following circumstances: the Defendant’s age, character and behavior, family relationship, motive and circumstance

(a) Basic crime: Cooperation in investigations as important, in investigations, by a person who has been specially punished in the mitigated area (two to one year and six months) of Type 2 (marijus, fice b.b. and item (c) of the Act on the Control of Narcotics, Etc. (marith, f.) by waterway;

(b) Second offense: Cooperation in investigations as important in the mitigation area (one to one year and six months) of the mitigated area (one to six months of imprisonment) of Type 3 (one to one year and six months) of the Act on the Control of Narcotics, Etc. by medication, such as medication, medication, simple possession, etc.;

(c) Third offense: Assistance in investigations by important persons who are in the mitigated area (two months to one year and six months) of category three (one-one year and six months) of the Act on the Control of Narcotics, etc. by possession, such as medication, simple possession, etc.

D. Many crime processing standards: the lower court’s punishment is too unreasonable in light of the comprehensive consideration of the 8th to 2nd September of imprisonment.

The defendant's above assertion is without merit.

3. Conclusion.

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