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(영문) 수원지방법원 2016.12.09 2016노6764
마약류관리에관한법률위반(향정)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one hundred months of imprisonment, confiscation, additional collection of KRW 403,00) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant has two identical criminal records in the judgment, narcotics crimes require severe punishment for toxicity and the risk of repeating a crime, and the administration of penphones over four times and inhales marijuana once, etc. are disadvantageous.

On the other hand, the fact that the defendant acknowledges and reflects the crime, and that the criminal record was punished for a relatively long time is favorable.

In addition to the aforementioned various circumstances, taking into account the Defendant’s age, character and conduct, environment, power, motive for the crime, details of the crime, and circumstances after the crime, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

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

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