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(영문) 광주지방법원 2017.11.16 2017노3183
마약류관리에관한법률위반(향정)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (two years of imprisonment with prison labor) to the extent that it is unfair, and the prosecutor appealed from the lower court’s punishment to the extent that it is too unfasible and unfair.

2. The judgment that the defendant recognized all of his mistakes and reflecteds the defendant, that the defendant significantly cooperated in the investigation agency's narcotics investigation, that the defendant's vehicle is covered by the automobile comprehensive insurance, and that the defendant agreed with the victims is favorable to the defendant.

On the other hand, the defendant has been sentenced five times as a crime of violation of the Narcotics Control Act, and has been punished as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a crime of violation of the Road Traffic Act (non-violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the crime of violation of the Act on the Control of Narcotics, etc. is committed against the defendant during the period of repeated crime.

In addition, the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances revealed in the instant pleadings are not deemed to be too heavy or unreasonable since the lower court’s punishment is too heavy, and thus, the Defendant and the Prosecutor’s assertion are rejected.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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