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(영문) 대구지방법원 2018.11.23 2018노3540

마약류관리에관한법률위반(향정)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment and additional collection) on the defendant is too unfluent and unfair.

2. The Defendant had a record of having been punished for the same kind of crime several times, and has been sentenced to imprisonment with prison labor for the same kind of crime and has not yet completed the execution of the sentence, and has committed the instant crime. The Defendant committed the instant crime, which is disadvantageous to the Defendant.

However, considering the facts that the Defendant recognized and reflected the instant crime, and the facts that should consider equity with the case where the Defendant was sentenced simultaneously with the final and conclusive judgment entered in the lower judgment, and taking into account all the sentencing conditions stated in the records and arguments of the instant case, including the Defendant’s age, sex, environment, family relationship, circumstances leading to the Defendant’s crime, means and consequence, etc., the sentence imposed by the lower court is appropriate, and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.