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(영문) 수원지방법원 2019.06.14 2019노512
마약류관리에관한법률위반(향정)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one hundred months of imprisonment, additional collection) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In addition to the circumstances favorable to the defendant, such as the fact that the defendant shows an attitude of recognizing and opposing his mistake, and the fact that the defendant committed each of the instant crimes even though he had been punished several times for the same kind of crime, the defendant committed again even though he had been punished several times, the punishment of the court below is not mitigated or aggravated in the trial, and there are no special changes in circumstances that are shown in the records and arguments, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the punishment of the court below is deemed to be reasonable, and it is not deemed to be unreasonable because it is too excessive or too harsh.

Defendant

The prosecutor's assertion of unreasonable sentencing is without merit.

3. The appeal by the defendant and the prosecutor 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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