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(영문) 수원지방법원 2015.01.29 2014노6294
마약류관리에관한법률위반(향정)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant asserts that the lower court’s punishment (one year and six months of imprisonment, confiscation, and collection KRW 1,453,00) is unafford, and that the prosecutor is unfford and thus unjust.

Judgment

There are more than 10 violence incidents against the defendant, and it is possible to have a criminal record of the violation of the Act on the Control of Narcotics, Etc., and in particular, on December 7, 2010, after having been sentenced to a punishment on the violation of the Act on the Control of Narcotics, etc. (fence) on June 16, 201, the execution of the punishment on the violation of the Act on the Control of Narcotics, etc. was completed on June 16, 201,

It is reasonable that the defendant handled the Metetopian and the amount of handling the Metetopian, and that the defendant mainly performed the sale beyond a simple medication is disadvantageous to the defendant.

On the other hand, the fact that the defendant is against each of the crimes of this case, the victim P did not want the punishment of the defendant at the investigation stage, and the defendant deposited KRW 500,000 for the victim L, one million won for the victim P, and the defendant's public statement that the defendant cooperation in the investigation of drug offenders through his ter has been submitted to the court below and the party court respectively, are favorable to the defendant.

In full view of the above circumstances and other circumstances shown in the records and pleadings, since the lower court’s punishment against the Defendant cannot be deemed as too weak or unreasonable, the Defendant’s assertion is without merit.

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

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