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(영문) 서울남부지방법원 2013.09.05 2013노1037
마약류관리에관한법률위반(향정)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to the Defendant (ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In light of the fact that even though there are many records of punishment for the same kind of crime, the defendant committed each of the crimes of this case without properly pening his mistake, and according to the result of the division evaluation of the defendant's hair, it is reasonable to punish the defendant with strict punishment in light of the fact that the defendant seems to have habitually administered phiphones in light of the maternity reaction between about 3 cm and 8 cm.

However, in full view of various circumstances, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime in this case and the circumstances after the crime in this case, there are three children who need to support the defendant, and have good health, and the defendant appears to have lived with narcotics for about 10 years after being punished as the crime of violating the Act on the Control of Narcotics, etc. around December 2003, and the defendant again appears to have an intention not to commit such a crime, and his family members are also trying to assist the crime, as well as various favorable circumstances, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime in this case and the sentencing conditions indicated in the records, even if considering all the circumstances asserted by the defendant and the prosecutor as grounds for appeal, it is not recognized that the defendant is too heavy or unreasonable to the extent that the sentence imposed by the court below should be reversed.

Therefore, the defendant and the prosecutor's argument are without merit.

3. Thus, the appeal by the defendant and the prosecutor is without merit, and Article 364(4) of the Criminal Procedure Act is not reasonable.

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