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(영문) 창원지방법원 2016.09.29 2016노1759
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the reason for appeal is too unreasonable because of the punishment imposed by the court below (one hundred months of imprisonment and one hundred thousand won of collection). The prosecutor asserts that the prosecutor is too unfeasible and unfair.

2. The circumstances favorable to the defendant include the fact that the defendant led to the confession of the crime and reflects on the fact of the crime, the fact that the defendant cooperates in the investigation so that he can arrest a book selling philophones and administered persons.

On the other hand, the defendant was sentenced to the suspended sentence for one year of 198, 200, 2 years of suspended sentence for one year of 2009, 2 years of suspended sentence for one year of 2009, 2 years of imprisonment for ten years of 2011, and 1 year of imprisonment for one year of 2013, and committed the crime of this case again despite the fact that the defendant committed the crime of this case on January 7, 2014 after the execution of the above sentence was completed and the repeated crime was committed.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, motive, and circumstance before and after the commission of the crime, etc., the sentence imposed by the lower court is too heavy or is deemed unreasonable as it is too low, and thus, the argument that the sentencing of the Defendant and the Prosecutor is unfair is rejected.

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

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