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(영문) 인천지방법원 2020.04.02 2019노4145
마약류관리에관한법률위반(향정)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant appealed respectively on the grounds that the sentence imposed by the lower court (one year and two months of imprisonment, additional collection 11.6 million won) is too unreasonable, and thus, the prosecutor appealed on the grounds that the sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant committed the instant crime during the period of suspension of execution despite the fact that the defendant had been punished for the same crime, the defendant purchased a large quantity of penphones for a long time and repeatedly administered penphones, and the fact that he/she was used in the withdrawal and withdrawal of narcotics, etc. are disadvantageous to the defendant, while the defendant shows an attitude that he/she recognized all of the crimes, and that he/she cooperates with the investigation by the investigative agency.

In full view of the circumstances above, comprehensively taking into account the circumstances that led to the Defendant to commit the crime, the age, health condition, character and conduct, environment, and circumstances that are conditions for sentencing as indicated in the instant case, the Defendant and the prosecutor’s above assertion are not acceptable on the grounds that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, since the appeal of this case by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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