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(영문) 수원지방법원 2018.01.19 2017노7874
마약류관리에관한법률위반(향정)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Reasons for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Considering the favorable circumstances, such as the confession of a crime and reflects on the judgment, the fact that the court below should consider the equity with the case of being tried at the same time with the crime of violation of the Narcotics Control Act, which became final and conclusive in the judgment, the number of copies of phiphones purchased over several times, the number of the phiphones purchased, and the fact that the nature of the phiphones purchased is not less than that of the crime, and that the phiphones were considered to take part in the distribution of phiphones, the court below’s punishment is too heavy or unreasonable, taking into account all the sentencing conditions, such as the defendant’s age, sexual behavior, motive, frequency of the crime, frequency of the crime, method of the crime, circumstances after the crime, etc.

3. As such, the appeal 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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