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(영문) 서울중앙지방법원 2017.06.29 2017노1065
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy or (the defendant) of the punishment sentenced by the court below (one hundred months of imprisonment and two hundred thousand won of additional collection).

2. In full view of all other circumstances, including the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., where the Defendant had been sentenced to the suspension of the execution of imprisonment for the same kind of crime, the fact that the Defendant spreads phiphonephones to F, etc., such as administering phiphones, etc., under the unfavorable circumstances against the Defendant, including the Defendant, that there was no record of the same kind of crime other than the above suspension of execution, and that the Defendant recognized the crime and reflects it, etc., other than taking into account favorable circumstances in favor of the Defendant, the sentence imposed by the lower court is deemed appropriate, and it is not recognized that the sentence imposed by the Defendant is too heavy or unreasonable as it is too heavy.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals filed by the Defendant and the prosecutor are without merit. It is so decided

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