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(영문) 창원지방법원 2012.11.21 2012노1733
마약류관리에관한법률위반(향정)
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant A (eight months of imprisonment) is too unreasonable.

B. The sentence that the court below sentenced the Defendants (the defendant A: imprisonment of eight months, the defendant B: imprisonment of six months, the suspension of the execution of two years, the community service work of one hundred and sixty hours, and the pharmacologic treatment of forty hours) is deemed to be too unfluent and unfair.

2. Determination

A. As to the Defendant A and the Prosecutor’s assertion of unfair sentencing, there are favorable circumstances such as the fact that the amount of penphone dealt with by the Defendant is not large, the confession of the instant crime and the violation of depth. Meanwhile, there are disadvantageous circumstances such as the Defendant’s history of having been sentenced to imprisonment for the same kind of crime, the Defendant’s escape from the hair to obstruct the investigation during flight, and then colored and damaged it. In full view of the Defendant’s age, character and conduct, intelligence and environment, motive and circumstance of the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s assertion are without merit.

B. As to the prosecutor’s assertion of unfair sentencing against Defendant B, comprehensively taking account of the Defendant’s age, character and conduct, intelligence and environment, and the circumstances after the crime, the lower court’s above punishment is too uneasible and unreasonable, and thus, the prosecutor’s above assertion is without merit.

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

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