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(영문) 수원지방법원 2015.09.18 2015노3122

마약류관리에관한법률위반(향정)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (exemption from punishment) is too unfased and unreasonable.

2. Determination is an unfavorable circumstance that the defendant has a large number of previous tasks.

However, the punishment of this case is to be determined in consideration of the equity between the case where the defendant is adjudicated at the same time pursuant to Article 39(1) of the Criminal Act in relation to the concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case and the crime that became final and conclusive in the judgment of the court below is deemed to be concurrent crimes under the latter part of Article 37 of the Criminal Act. The crime of this case is merely a simple provision of phiphonephones. On the other hand, the crime of this final and conclusive judgment sentenced to imprisonment for two years and six months is to be administered six times and sold once and four times. Thus, if the crime of this case and the above crimes for which the final and conclusive judgment became final and conclusive have been rendered simultaneously, it would have been likely that the punishment of the defendant would not change if considering various sentencing conditions such as the defendant's age, character and behavior, environment, criminal record, motive for the crime

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.