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(영문) 서울중앙지방법원 2013.05.09 2013노606
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 8 months and 200,000 won from a surcharge, Defendant B: imprisonment with prison labor for 10 months and 100,000 won from a surcharge) of the lower court is too unreasonable.

2. Determination of the grounds for appeal is recognized as favorable circumstances such as the fact that the Defendants recognized their mistakes and repented in depth.

However, even if the Defendants were to be aware of the punishment for the same crime, it is inevitable to sentence the Defendant to commit the instant crime during the period of the suspended sentence, and Defendant A committed the instant crime several times, and Defendant B committed the instant crime with the same criminal records. In full view of the various circumstances, including the Defendants’ age, family environment, character and conduct, motive, means and consequence of the instant crime, and the circumstances following the crime, etc., the sentence of the lower court is too unreasonable even if considering all the circumstances alleged by the Defendants, it is difficult to view that the sentence of the lower court is too unreasonable.

Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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