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(영문) 수원지방법원 2016.05.20 2016노219
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of one year, three years of suspended execution, 80 hours of protection observation, 40 hours of class class, confiscation, additional collection, 1,930,00 won) declared by the lower court is too unfasible and unfair.

2. The lower court determined that the Defendant was sentenced to punishment by taking into account the favorable circumstances, such as: (a) the Defendant’s cooperation in the investigation during the period of imprisonment for a period of two months; (b) the Defendant was engaged in a passive crime; (c) the Defendant had two previous criminal records and two previous criminal records; and (d) the age of the Defendant was high, due to unfavorable circumstances such as the frequency and volume of the instant crime.

A thorough examination of the reasons for sentencing by the lower court, and considering all the conditions of sentencing, such as the Defendant’s age, sex, criminal records, motive and means of the crime, and the circumstances before and after the crime, the lower court’s sentence cannot be deemed unfair because it is too uneasible.

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

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