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(영문) 수원지방법원 2018.02.09 2017노7048
마약류관리에관한법률위반(향정)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (a year and six months of imprisonment, confiscation of seized articles, additional collection of KRW 1.2 million) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The crime of this case on board is that the defendant delivers, sells, administers, and possesses phiphonephones without compensation, and the nature of the crime is not less than that of the defendant, the defendant has already been punished four times due to narcotics crimes, and the defendant is highly likely to be subject to criticism in that he committed the crime of this case without being aware of it during the period of repeated crime after the execution of the last sentence is completed, and the defendant additionally contributed to the investigation of narcotics crimes in the first instance. However, at the court below's decision, the defendant has already been considered as having contributed to the investigation of narcotics crimes, and the contents of the above confirmation are not deemed to be the degree of changing the sentencing of the court below, and considering other various circumstances, such as the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc., the defendant's punishment is too unfair, and there is no reason to argue that the defendant's punishment is unfair.

The prosecutor argues that the sentence of the court below should be changed considering the circumstances that the defendant has cooperated with the investigation by the court below, but the defendant had an attitude that the defendant first cooperates with the investigation of narcotics crimes by the court below. As such, the defendant reversed his statement at the time of a large examination of AD with AD and disturbs the judicial order, the defendant's punishment should be changed considering the above circumstances disadvantageous to AD. However, although the defendant recognized the crime of this case as well as his mistake, the defendant contributed to the investigation of narcotics crimes by other persons than AD, and the punishment shown in the records, such as the defendant's age, sex, environment, motive for the crime, and circumstances after the crime.

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