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(영문) 광주지방법원 2017.12.13 2017노3790

마약류관리에관한법률위반(향정)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the nature of the instant crime is not good, the period of the instant crime is long, the number of crimes is high, and the amount acquired by the instant crime is deemed to be large, strict punishment against the Defendant is required.

However, considering the following factors: (a) the Defendant’s mistake is divided in depth; (b) the Defendant did not have any previous conviction for the same offense; and (c) the Defendant did not actually possess a propool in committing a violation of the Act on the Control of Narcotics, Etc. in this case; (b) the balance with the sentencing of the same offense; and (c) the Defendant’s age, sex and environment; (d) motive, means and consequence of the offense; and (e) the conditions of sentencing specified in the argument of this case, such as the circumstances after the offense, etc., the sentence imposed by the lower court cannot be deemed appropriate, and is too heavy or unreasonable. Therefore, the above assertion by the Defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.