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(영문) 수원지방법원 2013.11.14 2013노4338
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of the Defendant, the lower court’s imprisonment (one year of imprisonment and additional collection) is too unreasonable.

B. In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s sentence is too uneasible and unreasonable.

2. It is recognized that the Defendant made a confession of the entire crime of this case and reflects the judgment of the court.

However, considering the fact that narcotics-related crimes are serious crimes detrimental to the social and national soundness and the necessity of punishment is high, as well as the fact that the defendant committed a second offense immediately after being sentenced to imprisonment for the same kind of crime, and the age, character and behavior, environment, and circumstances after the crime, the punishment determined by the court below is not deemed to be too heavy or unreasonable.

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

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