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(영문) 인천지방법원 2013.10.31 2013노2389
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of one year, a suspended sentence of three years, a probation, a community service for 120 hours, and an additional collection) imposed by the court below is deemed to be too uneasy and unfair.

2. The judgment of the Defendant is disadvantageous to the following: (a) the fact that the Defendant’s administration of phiphonephones has a large number of times or quantities, and that the nature of the crime is not less than that of the crime; and (b) the Defendant has a record of having received disposition as a juvenile protection case two times

However, in light of the fact that the defendant is led to confession, detention for a considerable period of time, and there is no record of punishment for the same kind of crime for about 19 years after the above juvenile protective disposition was issued, and other various circumstances, which are the conditions for sentencing under Article 51 of the Criminal Act, as stated in the records, such as the background of the crime in this case, circumstances before and after the crime, the age, character and conduct of the defendant, and the environment, it cannot be deemed that the sentence of the court below is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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