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(영문) 광주지방법원 2014.12.24 2014노2810
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The punishment of the court below (10 months in prison, 300,000 won in addition) is too unreasonable.

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

Judgment

The defendant's mistake is recognized, in the case of the 2014 Highest 1475 case, voluntarily surrenders, and in the case of the 2014 Highest 1475 case, there is no criminal record

On the other hand, although the defendant had been sentenced three times to administer the same philophone medication including a punishment for ten years, it is disadvantageous that the defendant had been sentenced three times to the same philophone medication, and considering the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, environment, etc. comprehensively, it is not recognized that the court below's punishment is too heavy or unreasonable, and the defendant's assertion is without merit.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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