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(영문) 의정부지방법원 2016.11.22 2016노2668
마약류관리에관한법률위반(향정)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is unreasonable that the lower court’s punishment (e.g., imprisonment for one year and two months, confiscation, additional collection of KRW 80,000,000, and order to attend a sexual assault treatment lecture) is too unreasonable.

B. The lower court’s sentence is too uneasible and unreasonable.

2. Determination

A. It is recognized that the Defendant purchased and administered philophones in a voluntary and active manner several times, actively recommended co-defendant B who had a tobacco relationship to administer philophones, and that the Defendant committed a sexual crime in this case by posting his photograph photograph taken of the above b’s sound, etc. on his Nlograms, and that the Defendant committed a repeated crime without being aware of it during the period of repeated crime due to habitual larceny.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and against the instant crime; (b) the Defendant did not want the punishment of the Defendant in agreement with the above B at the lower court; (c) the Defendant did not have the same criminal power; and (d) the Defendant’s age, details of the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment cannot be deemed to be too weak or unreasonable.

C. Therefore, the above assertion by the Defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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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