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(영문) 광주지방법원 2016.03.23 2016노81
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (6 months of imprisonment, confiscation, and collection) is too unreasonable.

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

2. The fact that the defendant recognized his mistake from the police investigation stage to the trial court is against the defendant, there is no record of punishment exceeding the same kind of crime or fine, and the defendant contributed to the investigation of the first selling of phiphonephones into the defendant.

On the other hand, the crime of this case was committed by the defendant, even though he was investigated by the purchase of phiphones and the administration of phiphones, and provided phiphones by suggesting the phiphone medication to other persons, which is not good in the nature of the crime. In particular, the crime of providing narcotics is more severe punishment than that of spreading narcotics by leaving other persons into drug addiction.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too heavy or it is not deemed unfair as it is too low, and thus, the above assertion by the Defendant and the Prosecutor is without merit.

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