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(영문) 춘천지방법원 2014.04.30 2013노856
마약류관리에관한법률위반(향정)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below on the defendant (two years of imprisonment, two years of additional collection, three hundred and twenty million won of fine) is too unhued and unfair.

B. The above sentence imposed by the court below against the defendant is too unreasonable.

2. Although there are favorable circumstances, such as the fact that the defendant is both aware of each of the crimes in this case at the trial and actively cooperates with the investigation agency, etc., the defendant shows a strong will not again commit the same crime again in the future. However, the amount of penphones used for the crime in violation of the Act on the Control of Narcotics, etc. (the Act on the Promotion of Game Industry) is reasonable, and the crime is committed systematically and systematically, and the nature of each of the crimes in this case is not easy. There are several kinds of records that the defendant was punished for the same crime, and the crime related to narcotics is committed against the violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.) without being familiar with the defendant during the period of suspension of execution of the same crime, and there is a high risk of committing the crime in violation of the Act on the Control of Narcotics, etc. (the act of using the gambling game room business is likely to cause excessive work to the general public, and the economic failure of the family, and there is no reason to punish the defendant's punishment for the above crime.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and thus, Article 364(4) of the Criminal Procedure Act is applicable.

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