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(영문) 의정부지방법원 2015.06.24 2015노1129

마약류관리에관한법률위반(향정)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment for six months, confiscation, and additional collection of KRW 100,000) is too unreasonable.

B. The Prosecutor’s sentence (two months of imprisonment, confiscation, and collection of 10,000 won) of the lower court is too unhued and unreasonable.

2. The instant crime is deemed to have been committed by the Defendant, who was sentenced to a punishment for the same kind of crime on August 4, 2014, and committed about five months after the completion of the execution of the sentence, and the nature of such crime is very poor, and the Defendant has been punished on 11 occasions for the same crime.

However, in light of the following: (a) the Defendant’s mistake was divided in depth, and the Defendant again attempted not to stop such a crime; (b) the instant crime was merely administered once, and immediately after the medication was conducted; (c) there appears to have been efforts to refrain from committing a crime related to narcotics, such as receiving hospital treatment after being released from the prison; and (d) other factors of sentencing as shown in the instant records and arguments, such as the Defendant’s age, environment, occupation, family relation, economic situation, health condition, motive for the crime, etc., the punishment determined by the lower court is within an appropriate scope; and (e) it cannot be said that it is unreasonable because it was excessive or excessive.

3. Accordingly, 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.