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(영문) 서울동부지방법원 2014.10.24 2014노961
마약류관리에관한법률위반(향정)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor, two years of suspended execution, probation, and collection) is too uneased.

2. The crime of this case is judged that the crime of this case was committed in the form of injection by the defendant to his blood, and the nature of the crime is inferior as a matter of damage to property in the state of recovery, narcotics-related crimes need to be strictly punished as serious crimes with great social harm and risk of recidivism, and there are some favorable circumstances against the defendant, such as the fact that the defendant had previously been punished several times as the same crime (in fact three times, one suspended sentence execution), but there are some favorable circumstances such as the defendant's misunderstanding of and against his mistake, and the fact that the defendant was used by the victim company of the damage to property, and other favorable conditions of sentencing as shown in the records, such as the motive, means and result of the crime of this case, circumstances after the crime, the defendant's age, character and conduct, intelligence and environment, etc., the prosecutor's assertion is without merit, and thus, it cannot be deemed that the defendant's excessive punishment imposed by the court below is unreasonable.

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

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