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(영문) 수원지방법원 2017.07.27 2017노1690
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won in penalty, five million won in penalty, and additional collection) is too unhued and unreasonable.

2. The crime of this case is considered to be disadvantageous to the defendant, because the defendant administered philophones twice, and the defendant's hair is found to have detected philophones ingredients, and the degree of addiction of the defendant seems to be minor.

However, considering the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant’s simple medication; (c) the fact that the Defendant was subject to criminal punishment; and (d) the Defendant’s age, sexual conduct, environment, family relationship, motive, and circumstances after the commission of the instant crime; and (b) all the sentencing conditions specified in the records and arguments, such as the Defendant’s age, sex, environment, family relationship, motive, and circumstances after the crime, the lower court’

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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