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(영문) 수원지방법원 2019.09.26 2019노3158
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (one year of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The defendant has been punished twice for the same crime in 2017 and 2018, and the defendant has a strong criminal history from the time when the judgment that sentenced the suspension of the execution of imprisonment due to the same crime became final to have been sentenced to imprisonment due to the same crime, to the extent that he/she will go to the crime of this case, the amount of the defendant's purchase, medication, and possession is considerably high, and the defendant is detained for the crime of this case and is subject to disciplinary action due to the reduction of capital and the wrapping amount of punishment against the defendant.

On the other hand, it is the reason for sentencing favorable to the defendant, such as the fact that the defendant actively cooperates with the investigation by the investigative agency to arrest a drug offender, the fact that the defendant led to a confession of the crime and reflects his mistake in depth, the defendant's health status is not good, and the defendant does not repeat again.

In full view of the aforementioned sentencing factors, the Defendant’s age, career, character and conduct, environment, motive, means, and consequence of the crime, etc., the sentence of the lower judgment cannot be deemed as excessive or unreasonable as it is too heavy.

Therefore, the defendant and prosecutor's argument 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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