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(영문) 서울남부지방법원 2013.07.26 2013노795
마약류관리에관한법률위반(향정)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (ten months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The fact that the accused committed the instant crime during the period of probation, and that the number of times the psychotropic drugs purchased and administered the psychotropic drugs is disadvantageous to the accused.

On the other hand, it is advantageous to the fact that the defendant made a confession of all crimes, there is no record of performing the same kind of crime, and that the defendant who is a shipbuilding saves failed to work in the business, resulting in the failure in the business, which can be considered in the circumstances.

In addition, comprehensively taking account of various circumstances, such as the background, means and methods of the instant crime, the circumstances after the instant crime, the Defendant’s age and happiness environment, etc., as indicated in the records and pleadings, the sentence imposed by the lower court is too minor or unreasonable.

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

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