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(영문) 서울중앙지방법원 2016.12.22 2016노4158
마약류관리에관한법률위반(향정)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (a year and April, etc.) is too unreasonable because the Defendant (a person with imprisonment) was sentenced to imprisonment.

B. The lower court’s sentence is too uneasible and unreasonable.

2. In full view of the following circumstances, the lower court’s sentence against the Defendant is deemed appropriate in light of all of the following factors: the Defendant’s age, character and conduct, family relations, the frequency and amount of handling philophones, and all of the sentencing conditions indicated in the records and arguments, such as the circumstances after the crime.

The defendant and prosecutor's assertion are without merit.

The favorable circumstances: The fact that each of the crimes of this case is recognized and reflected, the fact that the defendant was cooperative in the investigation, such as revealing the upper lines, and the fact that the ten-year nearest time has passed since the defendant was punished for the same kind of crime in 2004 and then the crime of this case was committed: Narcotics-related crimes require strict measures, which cause the degradation of individuals, families, society as a whole, and society; the crime of selling phiphonephones is a crime with a high level of social harm, such as the mass production of addicts; the amount of phiphonephones sold by the defendant is not large; the amount of phiphonephones sold by the defendant was punished by imprisonment for the same kind of crime in 204.

3. The appeal filed by the defendant and the prosecutor is without merit and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.

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