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(영문) 인천지방법원 2012.11.15 2012노2757

마약류관리에관한법률위반(향정)

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 to the defendant (ten months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. In light of the circumstances favorable to the Defendant that the Defendant recognized his mistake, narcotics-related crimes are not less severe in terms of social harm and risk of recidivism, the Defendant has been punished several times due to the same kind of crime, the Defendant’s unfavorable circumstances such as the frequency of the instant crime, the amount of the penphone handled by the Defendant, the Defendant’s age, character and behavior, environment, occupation, family relation, etc., and the sentencing conditions indicated in the record, such as the number of times of the instant crime, the Defendant’s age, character and behavior, occupation, and family relation, it is reasonable to punish the Defendant.

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.