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(영문) 대전지방법원 2014.11.20 2014노1008
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, probation, community service order, and additional collection) imposed by the court below is deemed unreasonable.

2. Although the defendant has been punished several times, including the sentence before and after the judgment, the defendant has been punished several times, the confession and reflects of the crime of this case, and the detention of the defendant is deemed to bring about economic difficulties to his dependants; the defendant's purchase of narcotics and sale of narcotics, other than the medication, does not simply acquire or spread profits in large volume; the defendant does not have the same criminal record and does not repeat again; the defendant's age, character and behavior, environment, motive, means, means and consequence of the crime; and other various sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, character and behavior, environment, motive, means and circumstance before and after the crime, etc., the prosecutor's allegation of unfair sentencing is without merit.

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

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