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(영문) 인천지방법원 2014.11.13 2014노3197
마약류관리에관한법률위반(향정)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (eight months of imprisonment) imposed by the court below against the defendant is too unreasonable.

B. The above sentence imposed by the court below on the defendant is too uneasible and unfair.

2. Considering the favorable circumstances such as the fact that the defendant's mistake is recognized and divided, the crime related to narcotics is not less severe in terms of social harm and risk of recidivism, the defendant committed the crime of this case, which is the same kind as the crime of this case, but is still under suspension of execution due to the crime of this case, and other unfavorable circumstances such as the fact that the suspended execution is invalidated, the court below determined punishment in consideration of the circumstances before and after the crime, the defendant's age, character and behavior, and environment, and the punishment imposed by the above defendant is appropriate.

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

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