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(영문) 대전지방법원 2016.05.19 2016노489
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

Summary of Reasons for appeal (unfair sentencing)

A. Each sentence (Defendant A: Imprisonment with prison labor for August, confiscation, additional collection, Defendant B: imprisonment with prison labor for one year and additional collection) declared by the court below against the Defendants is too unreasonable.

B. In light of the circumstances favorable to the Defendants, such as the fact that each punishment imposed by the lower court against the Defendants is too uneasible and unfair, the Defendants’ failure to commit each of the instant crimes again despite having been punished for the same kind of crime, etc., which are unfavorable to the Defendants, and the fact that the Defendants repeated each of the instant crimes, etc., in full view of the Defendants’ age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances before and after the commission of the crime, etc., the lower court did not deem that the sentence imposed by the Defendants against the Defendants is too heavy or unreasonable, and thus, the Defendants and the prosecutor’s wrongful assertion of sentencing is without merit.

Judgment

Therefore, all appeals filed by the Defendants and the public prosecutor are without merit, and they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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