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(영문) 대구지방법원 2019.02.15 2018노3841
마약류관리에관한법률위반(향정)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (one hundred months of imprisonment, additional collection) is too unhued and unreasonable.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. We examine the judgment and the defendant's arguments together.

In full view of the circumstances favorable to the defendant, such as the fact that the defendant has been sentenced twice to a suspended sentence of imprisonment with labor for the same kind of crime, and the fact that the defendant supports the elderly and two minor children by faithfully running his business disadvantageous to the defendant, the fact that he shows the intention of suspension, the fact that he faithfully sending the prison life, and other circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime, etc., and all of the sentencing conditions in the records and arguments of this case, such as the records and arguments, there is no reason to find that the court below's proper sentencing judgment of the defendant was judged to have exceeded the reasonable limit of discretion, or that it is unfair to maintain them

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible and unfair.

Since it cannot be deemed improper because it is too large as the defendant asserts, both the prosecutor and the defendant's assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant 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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