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(영문) 인천지방법원 2015.08.27 2015노1033

마약류관리에관한법률위반(향정)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of community service) declared by the court below is too unfasible and unreasonable.

2. Although the Defendant had been punished for the violation of the Cannabis Control Act in 2000, considering the fact that the case was first committed, the Defendant led to confession and reflect against the Defendant, and that the Defendant was detained for more than two months in the instant case, and other circumstances, such as the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, etc., it cannot be deemed that the lower court’s punishment is too unreasonable.

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. It is so decided as per Disposition.