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(영문) 전주지방법원 2017.03.10 2016노1464
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, two years of suspended sentence, etc.) is too uneasy and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant delivered 0.28g a total sum of 0.19g, and the nature of the crime is not less than that of the defendant due to the medication of 0.19g, etc., and narcotics-related crimes are highly harmful to society as a whole, such as avoiding the body and mind of an individual and undermining the health of the people.

On the other hand, there is no history of criminal punishment that the defendant had previously been subject to criminal punishment, the recognition of the crime of this case and reflects the wrong, the support for the aged two children, and the fact that the family members of the defendant want to have the prior wife of the defendant, etc. are favorable to the defendant.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and unfair, and thus, the prosecutor’s assertion is without merit.

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

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