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(영문) 인천지방법원 2015.05.28 2015노1085

마약류관리에관한법률위반(향정)

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The Prosecutor asserts that the punishment imposed by the lower court (one year and four months of imprisonment, one year and five hundred thousand won of additional collection) is too unhued and unreasonable, and the Defendant asserts that the punishment is too unreasonable.

2. On the grounds for appeal by the public prosecutor and the defendant, the facts that the defendant is led to confession, the fact that the defendant seems to have no economic benefits from arranging the sale and purchase of phiphones are favorable. Although the defendant had been punished seven times due to the same criminal act, he/she committed the crime of re-committing the crime of this case during the period of repeated crime even though he/she had been punished seven times due to the same criminal act, and the fact that he/she did not merely arrange the sale and purchase of phiphones, and distributed narcotics that are highly addicted to the surrounding area

In full view of such circumstances as the Defendant’s age, character and conduct, motive, means and method of the instant crime, and circumstances after the crime, etc., the lower court’s punishment against the Defendant is deemed appropriate, and it is not deemed that the Defendant is excessively heavy or light.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.