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(영문) 서울중앙지방법원 2013.10.08 2013노2424

마약류관리에관한법률위반(대마)

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The sentencing of the lower court (a fine of KRW 5 million for each of the defendants) on the gist of the grounds of appeal is deemed unfair.

2. The fact that the Defendants were trying to import the hemp seeds from the England and that it is not good to commit a crime is disadvantageous to the Defendants.

However, in full view of the following circumstances: (a) the Defendants expressed that they would not repeat the same mistake in their depth; (b) the purchase of hemp seeds was attempted; (c) Defendant A smoked once; and (d) Defendant B merely smoked twice; and (c) the Defendants did not have any previous conviction; and (d) other various conditions attached to the pleadings and the sentencing indicated in the records, such as the Defendants’ age, character and conduct, environment, background and motive of the crime, means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.