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(영문) 대전지방법원 2015.03.19 2014노3324
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and two months of imprisonment) is too unreasonable.

2. The judgment is based on the following facts: (a) although the defendant's self-determination and cooperation in active investigation facilitate the arrest of the relevant narcotics offender; (b) the defendant's will not commit a narcotics crime again; (c) it is recognized that the defendant's will not commit a narcotics crime again; (d) it is highly necessary to strictize a narcotics-related crime because of its toxicity; (c) the defendant has been sentenced several times of punishment for the same kind of crime; and (d) it is only about four months after the execution of punishment was completed; and (d) other factors such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime; and (e) the recommended sentencing range according to the sentencing guidelines set forth in Article 51 of the Criminal Act, including the circumstances before and after the crime, etc., the sentence of the judgment of the court below is too unreasonable. Therefore, the defendant's assertion of unfair sentencing is without merit.

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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