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(영문) 서울서부지방법원 2014.01.16 2013노1017
마약류관리에관한법률위반(향정)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Considering the fact that the Defendant purchased, administered, or possessed philophones over a total of 24 times from February 2, 2012 to May 1, 2013, and that the victim A who had a relationship with the Defendant refuses to meet with the Defendant, and the Defendant’s threat over several times the victim with knife, etc. was displayed, etc., the sentence imposed on the Defendant (two years of imprisonment, four years of suspended execution, four years of probation, and 160 hours of social service) is too uneasible.

Judgment

The sentencing materials that are disadvantageous to the defendant, such as the administration or use of narcotics over a number of times by the defendant, and the repeated intimidation or assault of the victim A, etc.

However, considering all of the sentencing conditions in the records and arguments of this case including the fact that the defendant confessions all of the crimes of this case and has the time of self-esteem during the period of detention exceeding four months, that the defendant does not want the punishment of the defendant, that there are children to care for the defendant, and that there are children to care for the defendant, etc., the court below's sentence against the defendant is too unjustifiable and unfair. Thus, the prosecutor's allegation of unfair sentencing is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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