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(영문) 수원지방법원 2016.10.07 2016노4029
마약류관리에관한법률위반(마약)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the penalty of KRW 1 year of imprisonment, 2 years of suspended execution, 213,00 of the penalty) is too unreasonable.

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

2. The fact that the defendant does not have any previous error in judgment, and the fact that the defendant recognized the crime of this case and reflected it is favorable to the defendant.

On the other hand, the Defendant repeatedly administered narcotics, and the narcotics crime brings about the degradation of individuals, homes, society, and human society as a whole, and is a social phenomenon beyond individual criminal acts, and thus requires strict punishment.

In full view of the aforementioned various circumstances as well as the Defendant’s age, character and conduct, motive and frequency of the instant crime, the frequency of the crime, and the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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