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(영문) 광주지방법원 2021.01.26 2020노1520

마약류관리에관한법률위반(향정)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (unfair sentencing) is too unreasonable that the Defendant’s punishment (in 10 months of imprisonment, 2 years of suspension of execution, observation of protection, community service, 120 hours, 3 additional collection, 550,00 won) is too unreasonable.

B. The prosecutor (unfair sentencing)’s above sentence is too unhued and unfair.

2. The judgment that the defendant recognized the crime of this case, that the defendant does not have the same criminal record, etc. is favorable circumstances, but that the crime of narcotics is highly harmful to the society due to the addiction of narcotics and the brushness of the crime, etc. is disadvantageous to the defendant.

There are no special circumstances or changes in circumstances that may be newly considered by this court, and comprehensively taking account of the Defendant’s age, sex, family relationship, circumstances surrounding the crime, and other various sentencing conditions as shown in the records and arguments of this case, the lower court’s punishment is too heavy or unreasonable.

All of the arguments of the defendant and the prosecutor are rejected.

3. As such, the appeal 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.