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(영문) 광주지방법원 2017.09.21 2017노3012
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (a prison term of 10 months, additional collection) so far as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too unfasible and unfair.

2. The circumstances that are favorable to the Defendant, such as: (a) the fact that the Defendant administered a phiphone while repeating a repeated crime of the same kind; (b) the fact that the Defendant was punished for imprisonment for a crime of the same kind of narcotics reaches three times, etc.; or (c) the fact that the Defendant reflects the Defendant’s mistake; (d) the fact that the Defendant was undergoes workplace cancer and liver cancer surgery on several occasions; and (e) providing information on the upper line during the investigation process.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, and other various sentencing conditions as shown in the instant records and pleadings, the lower court’s punishment is too heavy or unreasonable.

3. The appeal filed by both 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.

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