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(영문) 인천지방법원 2013.11.21 2013노2573
마약류관리에관한법률위반(향정)
Text

Defendant

All appeals filed by C and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to Defendant C (one year of imprisonment, additional collection) is too unreasonable.

B. The lower court’s sentence imposed on Defendant C and each sentence imposed on Defendant B and D (a prison term of six months, a suspended sentence of two years, a probation and a 40-hour drug addiction therapy course, and additional collection) are deemed to be too uneasy and unreasonable.

2. All the Defendants confession, and there is no record of punishment for the same kind of crime against Defendants B and D, etc. are favorable circumstances to the Defendants.

On the other hand, narcotics crimes are highly likely to have serious adverse effects on the society as well as the defendant individual, and the defendant C had been sentenced to imprisonment with prison labor in the Seoul Western District Court on April 3, 2007 due to the same kind of crime, and the crime of this case was sold phiphones, and the nature of the crime is very poor.

In full view of all the sentencing conditions including the Defendants’ age, family relation, criminal record, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, the lower court did not determine that each sentence imposed by the Defendants is too heavy or unreasonable, and thus, the Defendant C and the Prosecutor’s assertion is without merit.

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

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