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(영문) 광주지방법원 2019.11.28 2019노2440
마약류관리에관한법률위반(향정)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year and two months of imprisonment, confiscation, and collection) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. Considering the fact that the crime of this case is not good and that the defendant committed the crime of this case again even though he had a previous conviction in several times, strict punishment against the defendant is needed.

However, considering the fact that the defendant appears to reflect his mistake, the above previous convictions of the defendant are longer than 7 years from the time of the crime in this case, the defendant agreed with the victim H, the balance of sentencing with the same crime, the defendant's age, character and conduct, environment, motive, means and result of the crime in this case, and other conditions of sentencing as stated in the argument in this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy or unreasonable. Thus, the above argument by the defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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