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(영문) 창원지방법원 2016.12.15 2016노1617
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in the judgment below is unreasonable because the punishment (a fine of eight million won, an additional collection of two hundred thousand won) of the judgment below is too unhued and unreasonable.

2. The judgment is based on the following facts: (a) the Defendant administered philophones twice; (b) the Defendant committed a crime during the period of repeated crime resulting from a crime is an unfavorable sentencing ground; (c) the confession of the crime and reflects it; and (d) the fact that there is no criminal record of the same kind is an favorable sentencing ground.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing indicated in the records and arguments in this case, the Prosecutor’s assertion is without merit.

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

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