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(영문) 광주지방법원 2016.07.14 2016노1010
마약류관리에관한법률위반(향정)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one hundred 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 judgment is a favorable condition to the defendant that the defendant has committed a crime, that the defendant was punished for the same crime in 2007, and that there was no record of punishment for the same crime for about nine years after being punished for the same crime.

On the other hand, even though the defendant had been subject to criminal punishment (two times of suspended execution, one time of suspended sentence) for the same crime, it is unfavorable that he/she again committed the crime of this case.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions indicated in the records and arguments, the lower court’s punishment is not deemed to be too minor or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

3. In conclusion, since both the prosecutor and the defendant's appeal are 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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