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(영문) 수원지방법원 2014.08.14 2014노1017
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (7 million won of fine) is too uneased and unreasonable.

2. The judgment-related crime of medication and distribution of narcotics not only causes the body and mind of an addict due to its serious addiction and propagation, but also causes harm and injury to society as a whole, such as impairing the health of the general public and creating related crimes. It is an unfavorable circumstance to the defendant that the defendant is not aware of three times of punishment due to the same crime, but also mediates the purchase and sale of phiphones during the period of repeated crime of the same kind.

However, upon C’s request, the Defendant merely informed D of C’s phone number and did not specifically participate in the trading process, and recognized and reflected his criminal act from the beginning of the investigation, D and C do not seem to have been punished due to the trade of phiphones in accordance with the Defendant’s good offices, and the Defendant’s wife who is a family member to support the Defendant, and the Defendant’s wife wanting to support the Defendant, and other various factors stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, character, conduct and environment, etc. as indicated in the records and arguments of this case, the Defendant’s punishment against the Defendant is too unjustifiable and unreasonable.

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

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