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(영문) 인천지방법원 2015.02.12 2014노4987
마약류관리에관한법률위반(향정)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Regarding the summary of the grounds for appeal (five months of imprisonment) by the court below, the prosecutor asserts that the punishment is too uneasible and unfair, and the defendant asserts that the punishment is too unreasonable.

2. On the grounds for appeal by the prosecutor and the defendant, we examine together with the judgment and the reasons for appeal by the defendant, the confession of the defendant and reflects the defendant, the fact that the defendant voluntarily surrendersed is favorable to the defendant, that there are two times the previous departments of the defendant, that the defendant repeated the crime during the period of repeated crimes, that there are many times the number of times of the repeated crimes, and that there are many times to deliver phiphones to others.

Comprehensively taking account of such circumstances and other factors as the Defendant’s age, character and conduct, family environment, background of the crime, and circumstances after the crime, the lower court’s punishment against the Defendant is deemed reasonable, and is not deemed too heavy or less.

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.

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