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(영문) 인천지방법원 2020.12.10 2020노3055

마약류관리에관한법률위반(향정)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment, confiscation, and collection KRW 1,006,00) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The facts that the judgment defendant led to the confession of the crime of this case and repented is favorable.

On the other hand, the fact that the defendant committed the crime of this case even though he was in the period of repeated crime due to the same crime, and that the number of crimes and the quantity of narcotics handled is disadvantageous.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for the sentencing indicated in the instant case, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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.