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(영문) 수원지방법원 2018.01.26 2017노7847

마약류관리에관한법률위반(향정)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (a year of imprisonment, confiscation of seized articles, additional collection of KRW 100,000) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. There are extenuating circumstances for the defendant, such as the fact that the defendant recognized the crime of this case and divided his mistake, and that the defendant rescued the prisoner who committed suicide during the prison life due to this case and prevented the correction accident.

However, the crime of this case is likely to be criticized in that the defendant received and administered philophones, and the nature of the crime is not less severe, and the defendant has already been punished 11 times for narcotics crimes, and the defendant has not been aware of the fact that he committed the crime of this case without being aware of the fact that he committed the crime of this case during the period of repeated crime after the execution of the last sentence is completed.

In light of the various circumstances, including the above circumstances, such as the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, the lower court’s punishment is deemed appropriate, and it does not seem unfair because it is too hot or unfasible.

3. According to the conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.