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(영문) 창원지방법원 2014.06.12 2014노113
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 7 million and an additional collection of KRW 100,000) is too unhued and unreasonable.

2. The judgment-related crime is a serious criminal with severe social harm and risk of recidivism, and the fact that the defendant committed each of the crimes of this case without being aware of the fact that he was in the period of suspension of the execution of the crime of violation of the Game Industry Promotion Act.

However, considering the following circumstances: (a) the Defendant voluntarily attended an investigative agency and voluntarily responded to an investigation; (b) the Defendant has no record of being punished for the same kind of crime; and (c) there is no family member to support the Defendant; and (d) there is no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the lower judgment; (b) the Defendant’s age, character and conduct, environment, motive and background of the offense; (c) means and method of the offense; and (d) various circumstances that form the conditions for the argument and the sentencing indicated in the record of the instant case, such as the circumstances after the crime, are deemed unreasonable since

Therefore, prosecutor's assertion is not accepted.

3. The appeal by the prosecutor of conclusion is dismissed on the ground that the appeal by the prosecutor is without merit. It is so decided as per

(However, among the application of the law of the court below, the term "Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) of the Narcotics Control Act," and "the selection of fines" in Articles 60 (1) 2, 4 (1), and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., are clearly erroneous descriptions of "the selection of fines" and "the selection of fines" in Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc

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