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(영문) 광주지방법원 2016.10.04 2016노2573
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On the other hand, the defendant asserts that it is too unreasonable for the court below to impose the punishment (a 6-month imprisonment, confiscation, and additional collection of KRW 600,000) on the summary of the grounds for appeal, while the prosecutor appealed each appeal by asserting that it is too uneasible and unreasonable.

(2) The Prosecutor stated that the Defendant was sentenced to the suspension of the execution of imprisonment due to the violation of the Act on the Control of Narcotics, Etc. (the Narcotic Act) around 2002, and that the Defendant was sentenced to the suspension of the execution of imprisonment due to the violation of the Act on the Control of Narcotics, etc. (the Pacific Act) at the time of the suspension of the execution of the imprisonment, but was sentenced to the suspension of the execution of the imprisonment, 5 times drugs in this case and the provision of them once to other persons. Thus, it is inevitable to sentence the Defendant at this time

On the other hand, when considering the fact that the defendant recognized all of them after the crime and provided information on the measures to supply narcotics in the investigation process and the sentencing conditions in this case, such as the defendant's age, character, conduct and environment, the sentence of the court below is within the reasonable discretion and it is not recognized that it is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

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

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