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(영문) 청주지방법원 2017.11.09 2017노680
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, two years of suspended execution, observation of protection, pharmacologic treatment, community service, confiscation and collection) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant recognized the instant crime and runs against the Defendant.

The defendant has no record of being punished for the same crime, and there is no record of being punished in excess of the fine.

The Defendant cooperated in the investigation process.

Circumstances unfavorable to the defendant are as follows:

There are many times or transfers where the defendant has purchased or administered philophones with a long period of time.

In addition, taking into account the above circumstances, the Defendant’s character, experience, environment, the background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, cannot be deemed as unfair because the lower court’s punishment against the Defendant is too large.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

[Provided, pursuant to Article 25 of the Regulation on Criminal Procedure, the crime 3 of the judgment of the court below is "D".

“(12)” (Attachment 12) is apparent that it is a clerical error in the text of “(4)”, and it is apparent that the “1-A” (Attachment 8) in Article 4 of the lower judgment is a clerical error in the text of “1-A”, and thus, it is corrected as being respective as such, and the part of “the proviso of Article 42” in the application of the statutes of the lower judgment is a clerical error, and thus, it is deleted as it is obvious that the “1-A” in Article 43(2) of the lower judgment is a clerical error.

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