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(영문) 서울중앙지방법원 2016.05.19 2016노848
마약류관리에관한법률위반(향정)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one hundred months of imprisonment, etc.) against the Defendant (unfair sentencing) is too unreasonable.

B. The lower court’s sentence against the Defendant by the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. On the grounds of appeal, the lower court’s punishment against the Defendant is deemed to be within the reasonable scope, and is too heavy or light, in full view of all the sentencing conditions shown in the records and arguments of the instant case, including the Defendant’s age, occupation, sex, family relationship, and circumstances after the commission of the crime.

It is difficult to see it.

The favorable circumstances: The fact that the defendant recognized the crime of this case and recognized the intention of medicine, there is no record of punishment related to narcotics, the defendant's family member, his person, etc. wanting to take the ship, etc., which is clearly disadvantageous to the social relation: The amount of philophone handled by the defendant is not a large amount of philophones, the crime related to philophones trading is more dangerous to society, such as the mass production of philophone addicts, etc., and the crime related to philophones trading is in need of strict measures, and the tendency dependent on drugs such as smoking, etc. as well as smoking marijuana.

3. Conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1) of the Regulation on Criminal Procedure, however, Article 3 subparag. 10 of the Decree on Criminal Procedure is corrected to add “(a)” to “Article 3 subparag. 10 of the last 3 of the judgment of the court below” following the following.

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