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(영문) 전주지방법원 2015.10.30 2015노929
마약류관리에관한법률위반(향정)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the Prosecutor (a fine of KRW 30 million) is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. The crime of this case requires a strict punishment for the defendant as he/she possesses a phiphoneopon during the period of repeated crime due to the crime of phiopon medication, and is serious in the nature of the crime.

On the other hand, however, it is recognized that the defendant led to the crime of this case in favor of the defendant, such as the confession of the crime of this case and the defendant's mistake against the defendant, the defendant seems to have caused the crime of this case in compliance with the continuous proposal of this case, and the defendant actively cooperates in the arrest of other drug criminals. In light of all of the above circumstances and other factors of sentencing specified in the argument of this case, such as the defendant's age, character and conduct, family environment, it is not deemed that the sentence of the court below is too weak or unreasonable. Thus, the prosecutor and the defendant's assertion are rejected

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

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