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(영문) 수원지방법원 2017.04.20 2017노300
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds of appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the order to attend pharmacologic treatment courses 40 hours, the additional collection of 90,000 won) is too unfluent.

2. The judgment that the defendant committed a crime several times, and that the defendant actively purchased a penphone and administered it with another person is disadvantageous to the defendant.

However, in full view of various sentencing conditions shown in the argument of this case, such as the defendant's age, sexual conduct, environment, circumstances after the crime, etc., where the court below's punishment is too unfeasible and unfair, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 25(1) of the Criminal Procedure Act on the ground that it is obvious that the “1. Protection and Observation” of the first sentence of the judgment below No. 3 is erroneous, and thus, it is obvious that the “1. Protection and Training Order” of the court below No. 3 is erroneous, and thus, it is corrected ex officio pursuant to

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