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(영문) 수원지방법원 2018.02.02 2017노8189
마약류관리에관한법률위반(향정)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Reasons for appeal;

A. The sentence of the lower court (one year and eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In full view of all the sentencing conditions, such as the Defendant’s age, sex behavior, motive for the crime, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment is too heavy or unreasonable, taking into account the following circumstances: (a) the Defendant’s confession of the crime and reflects the fact that there was a history of punishment several times for a repeated crime committed by the same kind of crime; (b) the use of philophones was administered several times by selling philophones; and (c) the fact that the amount of philophones and marijuana handled is not large; and (d) the Defendant’s age, sex behavior, motive for the crime, frequency of the crime, method of the crime, and circumstances after the crime.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (see, e.g., Supreme Court Decision 200Da36444, Apr. 2, 200; 200Da3644, Apr. 2, 200).

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