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(영문) 인천지방법원 2019.07.04 2019노1039
마약류관리에관한법률위반(향정)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed to the court below that the punishment of the court below (one year of imprisonment, 5 to 10 won of confiscation, 303,00 won of confiscation) is too unreasonable, and the prosecutor appealed to the court below that the punishment of the court below against the defendant is too unhued and unreasonable.

2. A favorable circumstance is that the Defendant had been punished several times for the same offense, and that the Defendant appeared to reflect the fact that he/she had committed the instant crime during the period of probation, while he/she was aware of all of his/her mistakes.

In light of the above circumstances, comprehensively taking into account the circumstances that led to the Defendant to commit the crime, the age, character and conduct, environment, and circumstances after the crime, etc., the Defendant’s punishment imposed by the lower court is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s above assertion are not acceptable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

[However, the application of the law of the court below to 2 through 4 "Article 61 (1) 4 (a), Article 3 subparagraph 10 (a), Article 61 (1) 4 (b), and Article 3 subparagraph 10 (the point of possession of marijuana) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 15939, Dec. 11, 2018)" shall be corrected as "Article 61 (1) 4 (a), Article 3 subparagraph 10 (a) (the point of use of marijuana smoking) of the former Act, Article 61 (1) 4 (b), and Article 3 subparagraph 10 (b) (the point of possession of marijuana) of the Narcotics Control Act"].

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