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(영문) 광주지방법원 2018.01.18 2017노1515
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of one year, three years of suspended execution, two years of observation of protection, one of 120 hours of community service, and forty hours of lectures of pharmacologic treatment) is deemed to be too unfluent and unfair.

2. The fact that the Defendant’s judgment did not have a lot of number of visual phoness is disadvantageous to the Defendant.

However, considering the fact that the Defendant is a primary offender, the Defendant recognized his mistake and reflected, and the Defendant has the time of reflectiveness through a prison life between four months, and other circumstances revealed in the arguments in the instant case, such as the Defendant’s age, sex, environment, motive for committing the crime, circumstances after committing the crime, etc., the Prosecutor’s assertion is not acceptable, on the grounds that the lower court’s punishment is too unfeasible and unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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