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(영문) 창원지방법원 2020.05.21 2020노460
마약류관리에관한법률위반(향정)
Text

The defendant and prosecutor's appeal are dismissed.

Reasons

1. Each prosecutor appealed to the effect that the Defendant is too unreasonable, with respect to the summary of the grounds for appeal (e.g., imprisonment for a term of one year and three months, and additional collection of KRW 909,00), which the lower court rendered (e.g., imprisonment).

2. We examine both the judgment and the prosecutor’s assertion of unreasonable sentencing.

The lower court appears to have determined a sentence within a reasonable scope of discretion, taking full account of the circumstances alleged as the grounds for appeal by the Defendant and the Prosecutor, including the circumstances favorable or unfavorable to the Defendant, and there are no special changes in circumstances that may change the sentencing after the lower judgment.

In addition, examining the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, circumstances after the commission of the crime, and criminal records, and various conditions of sentencing indicated in the instant case’s records and pleadings, considering the fact that the Defendant has been recognized as committing the crime at the time of the trial, and the number of the Defendant’s penphones purchase is high, the lower court’s punishment against the Defendant is too heavy or unreasonable.

3. The appeal filed by the defendant and the prosecutor in conclusion is groundless, and each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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