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(영문) 의정부지방법원 2014.05.30 2014노85
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of eight million won) declared by the lower court is too unhued and unreasonable.

2. The court below's punishment power exists for the defendant due to the same crime, the frequency of the crime in this case reaches five times, and some of them are committed during the repeated crime period. However, although there are circumstances such as the defendant's confessions all of the crimes in this case, the criminal records of the same kind are punished in 2000, there was no record of punishment for the same crime, and thereafter there was no record of punishment for the same crime, and approximately five months were detained due to the crime in this case, and all of the circumstances that are sentencing conditions indicated in the records such as the defendant's age, character and behavior, environment, circumstance and contents leading to the crime in this case, and after the crime, the prosecutor's allegation above is without merit.

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

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