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(영문) 수원지방법원 2017.09.08 2017노3981
마약류관리에관한법률위반(향정)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Reasons for appeal;

A. The punishment of the court below (the crime No. 1 in its holding: imprisonment with prison labor for 2 months, and the crime No. 2 in its holding: imprisonment with prison labor for 1 year) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of the favorable circumstances, such as the confession of a crime to be judged and the violation of the Act on the Control of Narcotics, Etc., for which the judgment has become final and conclusive in the case of the crime No. 1 of the holding, there is a history of having been punished several times for the same crime, and in the case of the crime No. 2 or 4 of the holding, the fact that the crime was committed during the period of repeated crime due to the same crime, the possession and administration of phiphonephones, and the nature of the crime is not negligible, the court below’s age, sexual behavior, motive, frequency of the crime, method of the crime, method of the crime, circumstances after the crime, etc., it cannot be said that the sentence of the court below is too heavy or uneasy and unfair.

3. In conclusion, the appeal by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeals by the Defendant and the prosecutor are without merit, and it is so decided as per Disposition (see, e.g., Supreme Court Decision 200Da48444, Apr. 1, 200).

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