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(영문) 수원지방법원 2017.12.01 2017노4048
마약류관리에관한법률위반(향정)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (an additional collection of KRW 300,000,000,000) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. However, there are extenuating circumstances for the Defendant, such as the fact that the Defendant recognized the instant crime and divided his mistake, that the Defendant contributed to the investigation of narcotics crimes, and that the Defendant should take into account the equity between the case and the case that is judged concurrently with the offense of violation of the Act on the Control of Narcotics, Etc. as stated in the judgment of the lower court.

However, the crime of this case is that the defendant provided or administered philophones to another person or engaged in sexual traffic, and that the defendant is good in the skin while misrepresenting his will.

It is very poor that the crime of this case is committed without notifying that the philophone is a philophone, and the nature of the crime is very poor because the defendant committed the crime of this case without being aware of it, even though he was under suspension of execution due to a drug crime.

In light of various circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is deemed appropriate and does not seem to be unfair because it is too heavy or unbrupted.

3. According to the conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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