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(영문) 인천지방법원 2015.04.02 2015노320
마약류관리에관한법률위반(향정)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal against the punishment (one year and two months of imprisonment) imposed by the court below, the prosecutor asserts that the prosecutor is too uneasible and unfair, and the defendant asserts that it is too unreasonable.

2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.

In full view of the following circumstances: (a) the Defendant was led to confession and reflect on the part of the instant crime; (b) the Defendant was sentenced to imprisonment for a considerable period of time after being sentenced to imprisonment for the same kind of crime in 2004; (c) the Defendant was not subject to punishment for the same kind of crime after being sentenced to imprisonment for a limited period of time; (d) on the other hand, the Defendant administered a penphone and smokes marijuana between the investigation and trial are being carried out; and (e) the Defendant was punished several times due to the same kind of crime or the act of double-class crime; and (e) other circumstances, such as the Defendant’s age, character and conduct, motive, means and consequence of the instant crime

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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