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(영문) 대구지방법원 2016.12.16 2016노3902
마약류관리에관한법률위반(향정)
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. As to each argument by the public prosecutor and the defendant, the defendant was sentenced to imprisonment for the same kind of crime on September 11, 2015, and in particular, on September 10, 2015, the defendant committed the crime of this case without being aware of the fact that he/she committed the crime of this case without being aware of the fact that he/she committed the crime of this case during the period of repeated crime on September 10, 2015, in light of the favorable circumstances such as the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case, the motive and consequence leading to the crime of this case, etc., and the records and circumstances leading to the crime of this case after the crime of this case, etc., and there is a need to strictly punish and eradicate the crime of this case. In addition, the defendant was sentenced to imprisonment for the same kind of crime of this case on September 10, 2015.

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

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