logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.08.07 2013노874
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (one year of imprisonment and additional collection) imposed on the Defendant by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment below is reasonable in light of the following facts: (a) the Defendant was sentenced to five years of imprisonment on June 5, 1998 due to the criminal facts such as purchase, import and sale of phiphones; (b) purchased and administered phiphones; and (c) committed the instant crime of receiving, providing, and administering phiphones despite having been sentenced to one year and six months of imprisonment on May 21, 2003; (c) the Defendant committed the instant crime of receiving, providing, and administering phiphones; and (d) the Defendant had been sentenced to five times of fine due to the instant crime, other than the previous criminal records, committed against the Defendant; (d) the Defendant led to the confession of all the criminal facts; (e) the Defendant’s act of phiphone medication was committed one time; and (e) the Defendant appears to have faithfully live as her name in the local community; and (e) the Defendant’s will have the Defendant’s wife.

In addition, considering all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, background leading to the crime of this case, circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate. Thus, the defendant and the prosecutor's assertion are without merit.

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.

arrow