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(영문) 전주지방법원 2017.03.17 2017노46
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court (a year and February, etc.), the Defendant asserts that the Defendant is too unfasible, and that the prosecutor is too unfased and unfair.

2. The crime of this case is not suitable for the quality of the crime due to the administration of philophones over six times, and the defendant has the record of criminal punishment several times as well as the fact that the defendant committed the crime of this case during the period of repeated crime of the same kind.

On the other hand, the fact that the defendant is starting the crime of this case from the beginning of the investigation into the crime of this case and reflects the wrong, that the defendant must support the labor union and the four children aged 80, and that he will not repeat the same mistake again, etc. are favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., as seen above, the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s assertion are without merit.

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. It is so decided as per Disposition.

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