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(영문) 서울중앙지방법원 2014.01.16 2013노3974

마약류관리에관한법률위반(향정)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (the fine of KRW 20,00,000, the additional collection of KRW 83,000) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. As to the assertion of unfair sentencing on the grounds of appeal by the Defendant and the prosecutor, it is an unfavorable circumstance to the Defendant to commit the instant crime even though the Defendant had been punished several times for the same kind of crime.

However, on the other hand, the court below's sentencing is not deemed to be reasonable, because the defendant's mistake is deemed to be too heavy or unreasonable, and the defendant's argument in both the defendant and the prosecutor is without merit, in light of the following circumstances: the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., and the conditions for sentencing specified in the arguments and records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

3. In conclusion, 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.