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(영문) 수원지방법원 2017.11.24 2017노2065
마약류관리에관한법률위반(향정)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Reasons for appeal;

A. The sentence of the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In full view of all the sentencing conditions, such as the Defendant’s age, sex behavior, motive for the crime, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment is too heavy or it cannot be deemed unfair in light of the following circumstances: (a) the Defendant’s age, sexual behavior, motive for the crime, frequency of the crime, method of the crime, etc.; (b) the Defendant’s punishment is too heavy, or it is deemed unfair in light of the following circumstances: (c) the Defendant’s punishment is too heavy, or it appears that he/she was detained for more than two months; (d) the fact that he/she did not participate in the distribution of phiphonephones; and (e) the fact that he/she was arrested and is under trial on the charge of phiphone medication;

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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