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(영문) 광주지방법원 2018.07.12 2018노1679
마약류관리에관한법률위반(향정)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (a year and six months of imprisonment, confiscation, and collection) so far as it is so unreasonable, and the prosecutor appealed from the lower court’s punishment too unfasible and unfair.

2. The fact that the defendant recognized his mistake and reflected his mistake is favorable.

On the other hand, narcotics crimes, such as this case, need to be strictly punished for crimes that are highly likely to repeat crimes, the coasts of society, and the fact that the defendant again commits the crime of this case even though he was punished several times for the same kind of crime, are disadvantageous.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too heavy or is not deemed unfair as it is too low. As such, the Defendant and the Prosecutor’s assertion are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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