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(영문) 인천지방법원 2015.05.21 2015노1030
마약류관리에관한법률위반(향정)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The Prosecutor asserts that the sentence imposed by the lower court (one year, two months of imprisonment, confiscation No. 1, two million won of imprisonment, and additional collection) is too uneased and unreasonable, and the Defendant asserts that the sentence is too unreasonable.

2. On the grounds for appeal by the public prosecutor and the defendant, the defendant did not commit any additional crime after the crime of the instant phiphone medication, the confession of the defendant and the defendant reflects their mistakes, etc. However, even if the defendant had been sentenced 11 times or more due to the same crime, it seems that the degree of addiction to narcotics is serious since the defendant repeated again 2 days after the release, and thus, it is highly likely that the crime of the instant case might be committed repeatedly, and the crime of the instant case constitutes a repeated offense.

In full view of such circumstances as the Defendant’s age, character and conduct, motive, means and method of the instant crime, and circumstances after the crime, etc., the lower court’s punishment against the Defendant is deemed appropriate, and it is not deemed that the Defendant is excessively heavy or light.

3. If so, the appeal by the prosecutor and the defendant is without merit, and 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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