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(영문) 서울남부지방법원 2017.05.11 2017노95
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal is against the depth of the Defendant; (b) there is no prior conviction related to narcotics against the Defendant; (c) the health of the Defendant is not good; and (d) there is a considerable shock in the business progress of the Defendant’s company operated by the Defendant with the detention of the Defendant; and (c) the state of actual inhales among marijuana kept by the Defendant was limited to 20-30g, it is unreasonable for the lower court’s punishment (eight months).

2. There are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below.

In addition, according to the records and arguments of this case including the defendant's age, sex, environment, motive, means and consequence of the crime, criminal history, and circumstances after the crime, the sentencing reasons of the lower judgment are compared with those of the lower court, even in light of the various circumstances asserted by the defendant on the grounds of appeal, the lower court's punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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