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(영문) 대구지방법원 2018.07.13 2018노1223

마약류관리에관한법률위반(향정)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to the punishment (the fine of KRW 1,000,000, the penalty of KRW 1,000,000, the penalty of KRW 300,000, the penalty of KRW 500,000) is unfair because it is too un

2. The crime of this case was committed by the Defendants with an exemption from water in order to force the victims, who are adults, and that the method of the crime was very bad for the Defendants to commit the crime.

However, in full view of the facts and arguments of the Defendants, including the Defendants’ age, sex, environment, family relationship, circumstance leading to the crime, means and consequence, etc., the sentence imposed by the lower court was appropriate, and the sentencing judgment exceeded the reasonable limit of discretion, and exceeded the reasonable limit of discretion, in full view of all the sentencing conditions in the records and arguments of the instant case, including the following: (a) the Defendants were to be aware of the instant crime; (b) the victims were to be aware of the Defendants’ son or kys; (c) the victims were to have committed a religious conflict within their family; (d) the victims want to leave the court directly and directly in the lower court; and (e) the Defendant A had the power to have been sentenced to a suspended sentence due to a crime of Lee Jong-in; and (e) the remaining Defendants were to have been sentenced to a suspended sentence

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.