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(영문) 인천지방법원 2015.04.23 2015노505

마약류관리에관한법률위반(향정)

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal against the punishment (one year and six months of imprisonment) declared by the court below, the prosecutor asserts that the prosecutor is too uneasible and unfair, and the defendant asserts that it is too unreasonable.

2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.

In full view of the following circumstances: (a) the Defendant is led to confession and reflectiveness; (b) the Defendant was punished several times for the same kind of crime; (c) the Defendant committed the instant crime during the same repeated crime period; and (d) the Defendant’s age, character and conduct; (b) motive, means and consequence of the instant crime; and (c) the circumstances after the commission of the crime, etc., the lower court’s punishment cannot be deemed excessively light

3. If so, the appeal by the prosecutor and the defendant 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.