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(영문) 광주지방법원 2017.08.30 2017노430
마약류관리에관한법률위반(향정)
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant A is too inappropriate.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. Considering the fact that the nature of the instant crime is not good, strict punishment against the Defendants is required.

However, in light of the following circumstances: (a) the Defendants divided their mistakes; (b) Defendant A was a first offense without any previous conviction; and (c) Defendant B did not have the same criminal records; (d) the degree of the Defendants’ participation; and (e) the Defendants’ age, sexual conduct and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (d) the sentence imposed by the Defendants on the Defendants is too heavy or too unreasonable; and (e) the aforementioned argument by the Defendants A

3. As such, the appeal by Defendant A 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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