logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.05.02 2013노148
마약류관리에관한법률위반(향정)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The Prosecutor and the Defendant appealed the grounds for appeal on the grounds that the punishment (one year and six months of imprisonment, three years of suspended execution, three years of probation, and 40 hours of pharmacologic treatment) of the lower judgment is unreasonable.

2. The grounds for appeal by the public prosecutor and the defendant are also examined;

In light of the fact that the defendant purchased and administered philophones that are narcotics, etc. over several occasions for a period of not less than one year, as well as the fact that the nature of the crime is very poor by converting the family juscul known to the general public into a narcotics offender, and the fact that the narcotics-related crime is highly harmful to the society due to the toxicity of narcotics, etc., strict punishment against the defendant is necessary.

However, the circumstances favorable to the defendant are that the defendant has no record of being punished for a drug-related crime before, and that he/she appears to have recognized his/her mistake and reflected his/her mistake by being tried for more than three months by being detained in the court below.

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s character and conduct, the motive and background of the instant crime, and the circumstances after the commission of the crime, it cannot be deemed that the sentence of the lower court exceeded the reasonable bounds in the decision on sentencing, or that it is too minor or heavy.

Therefore, both the prosecutor and the defendant's argument of unreasonable sentencing is without merit.

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

arrow