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(영문) 서울중앙지방법원 2014.02.06 2013노3606
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Of the disposition of the lower court, “40,1500 won” shall be corrected to “401,500 won”.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment, confiscation, additional collection of KRW 401,50) is too unreasonable.

2. Although there are extenuating circumstances to consider the Defendant’s decision as to the grounds for appeal, such as the fact that he/she would not repeat again while reflecting his/her mistake in depth, the Defendant has been punished several times on the other hand, and the Defendant committed the instant crime even during the period of repeated crimes on the other hand, and the Defendant committed the instant crime even during the period of repeated crimes on the other hand, the act of delivering phiphonephones is not good for committing the crime. The lower court sentenced the lower limit of the sentencing guidelines in consideration of the circumstances favorable to the Defendant, and issued the sentencing guidelines in consideration of the circumstances favorable to the Defendant. The lower court did not change any special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment, and in full view of other various circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and method of the crime, and the circumstances after the crime, etc., it is not recognized that the Defendant’s assertion is unreasonable because the sentence imposed by the lower court is excessively unreasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench to correct the additional collection part of the judgment below's order pursuant to Article 25 (1) of the Rules

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