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(영문) 서울중앙지방법원 2016.08.18 2016노1931
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the lower court against the Defendants (Defendant A: 1 year of imprisonment, 3 years of suspended sentence, 2 years of probation observation, community service, 80 hours, 1050,000 won of additional collection, 7 million won of fine, 150,000 won of additional collection) is too unreasonable.

2. In the case of Defendant A, considering that there was a history of punishment seven times for the same kind of crime, and both the outcome of the evaluation of the urine and hair, it is deemed that the above Defendant is necessary to guide the prevention of recidivism. Thus, the above Defendant is deemed to be subject to protection and observation while sentenced to the suspension of the execution of imprisonment and the punishment of the lower court ordering community service is too unreasonable.

Defendant

In the case of B, it is recognized that the first offender and the self-denunciation were true, but the court below has already decided to impose the fine in full consideration of the above circumstances, and the amount is too unreasonable.

3. As such, the Defendants’ appeal is without merit and thus dismissed under Article 364(4) of the Criminal Procedure Act.

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