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(영문) 춘천지방법원 2013.04.17 2013노86
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (ten months of imprisonment, confiscation, and collection KRW 100,000) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. The judgment of the court below shows that the defendant again made a confession of the crime of this case at the court below that he would not close to narcotics again, that the defendant committed a crime of this case ten years prior to the lapse of a considerable time without criminal punishment for narcotics, and that the defendant was detained for at least seven months since he was arrested on September 7, 2012 due to the crime of this case, and that the defendant's family and the branch members are under custody of the defendant's guidance while the defendant wanted to take the front place of the defendant, while there are favorable circumstances such as the crime of this case. However, the crimes related to narcotics are not less complicated in terms of social harm and danger of recidivism, and there are two records of punishment of the defendant, and the defendant did not properly cooperate with the investigation by denying the crime of this case at the investigative agency, etc. The defendant's motive and background leading to the crime of this case, age, character and behavior after the crime of this case, and other records of the defendant, and the defendant's argument that the court below's punishment is too unreasonable or unreasonable.

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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