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(영문) 수원지방법원 2016.05.20 2016노769

마약류관리에관한법률위반(향정)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (the penalty of 8 months, confiscation, 232,800 won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible.

2. The fact that the judgment defendant recognized the crime of this case and reflected it is favorable to the defendant.

On the other hand, there is a record that the defendant has been suspended from indictment for the same crime, and the fact that the defendant committed the crime of this case without being aware of it during the period of repeated crime due to the crime of this paper, and that the defendant repeatedly handles phiphones is disadvantageous.

In full view of the following circumstances: (a) the Defendant’s age, sexual conduct, motive for and frequency of the instant crime; and (b) the circumstances after the instant crime were committed; and (c) the lower court’s punishment is too heavy or unreasonable, and thus, cannot be deemed unfair.

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