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(영문) 춘천지방법원 강릉지원 2017.04.27 2016노582
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 10 million) is too uneasy and unreasonable.

2. The determination of the defendant's intention to deal with the life and health of a person, which is well aware of the harm caused by abuse of the drugs as stated in the judgment of the court below, but it is highly likely to criticize the patient who has already been able to depend on such drugs.

However, in full view of the fact that the Defendant recognized and reflected the instant crime, the Defendant has no record of the crime, the Defendant’s age, sexual conduct, environment, circumstances leading to the commission of the crime, and various conditions of sentencing indicated in the instant argument, such as the circumstances after the commission of the crime, it is difficult to view that the lower court’s punishment is too unfeasible and unfair.

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

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