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(영문) 서울고등법원 2019.11.28 2019노1988
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, confiscation, confiscation, 706,000 won) imposed by the lower court is too unreasonable.

2. The lower court determined that ① the crime of this case was committed under the circumstances unfavorable to the Defendant, such as ① the following: (a) the Defendant was sentenced to imprisonment one time for the same drug crime in 198; and (b) the Defendant was sentenced to a fine and suspension of indictment in 201 and 2014; (c) the crime of this case including the crime of this case was committed not only more than the risk of repeating a crime; (d) the Defendant was able to have a significant negative impact on the society as a whole, such as impairing the public health or inducing other crimes; and (e) the Defendant was able to take into account the following factors: (a) the Defendant was able to take into account: (a) the method and content of the crime; (b) the Defendant was able to take into account whether he/she committed the crime of this case; and (b) the Defendant was able to take into account whether he/she committed the crime of this case, and (c) the Defendant did not actively cooperate with the investigation agency for the following seven months; and (d) the Defendant’s age of imprisonment with the Defendant.

In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.

Furthermore, the grounds for unfair sentencing alleged by the defendant in this court are as follows.

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