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(영문) 서울동부지방법원 2019.06.20 2019노195

마약류관리에관한법률위반(대마)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (a fine of KRW 7 million, additional collection) against the Defendant in the grounds of appeal (unfair punishment) is too uneased and unreasonable.

2. The fact that the defendant committed each of the crimes of this case during the suspension of execution is disadvantageous to the defendant. However, considering the circumstances such as the circumstance that the defendant committed the crime of this case during the suspension of execution, namely, the form and degree of damage, motive and frequency of the crime of this case, the criminal history of the defendant, and circumstances after the crime, the sentencing of the court below seems to have been determined properly by fully considering all the circumstances, including the various reasons for sentencing asserted by the prosecutor, and there are no special circumstances to the extent of changing the sentencing ex post facto, and therefore

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.