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(영문) 창원지방법원 2016.06.23 2016노630
마약류관리에관한법률위반(향정)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that, with respect to the punishment of the lower court (one hundred months of imprisonment, one hundred thousand won of additional collection) on the summary of the reasons for appeal, the prosecutor is too unfied and thus, the prosecutor is too unfied and thus unfair.

2. Determination is based on the following: (a) the Defendant had three times the history of punishment for the same kind of crime; (b) the Defendant committed the instant crime during the period of repeated crime due to the instant crime is an unfavorable sentencing ground; (c) the Defendant led to the confession of the crime; and (d) the circumstance leading to the commission of the crime is favorable sentencing grounds.

In light of the above factors, in full view of the Defendant’s age, sex, occupation, and other matters regarding the sentencing as indicated in the records and arguments of this case, the sentence of the lower judgment is deemed appropriate. Therefore, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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