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(영문) 의정부지방법원 2016.09.30 2016노1970
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (6 months of imprisonment and collection) on the Defendant is too unreasonable.

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

2. The need for severe punishment is serious to the society of the crime related to narcotics, etc., and the defendant has been punished several times for the same crime. However, the fact that the defendant is not well aware of the fact that he/she is a repeated crime due to the same crime, but is highly likely to be criticized for the crime of this case, etc. is disadvantageous to the defendant.

However, taking into account the favorable circumstances such as the Defendant’s recognition of the crime of this case, the number of phiphone medications is limited to one time, and the Defendant appears to have expressed his intent to treat narcotics addiction to the Defendant, etc., and other various circumstances, including the Defendant’s age, sex, environment, background and method of the crime, circumstances after the crime, criminal records and family relations, etc., and the sentencing conditions as indicated in the present case’s records and arguments, such as the Defendant’s age, sex, environment, circumstances after the crime, criminal records, and family relations, the sentence imposed by the lower court cannot be deemed to be deemed to be unfair because it is too heavy or too harsh.

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

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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