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(영문) 의정부지방법원 2015.08.19 2015노1127
마약류관리에관한법률위반(대마)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one hundred and twenty months of imprisonment, two years of suspended execution, probation, one hundred and twenty hours of community service order, six thousand and two hundred and twenty hours of probation) is too uneasy and unreasonable.

2. The crime of this case, which is judged, is committed again by the defendant during the period of suspension of execution due to the same crime, and is not suitable in light of the frequency of smoking (four times).

However, the defendant's mistake is recognized as a whole, and there is only a history of being punished twice as a relatively minor fine except for a suspended sentence due to the same kind of crime in 2010. The most supporting the mother of the elderly and the defendant's living together and his wife wanting to be able to take the action, and all the sentencing conditions specified in the records and arguments of this case, including the defendant's age, environment, occupation, motive of crime, method of crime and result of crime, etc., and the recommended sentencing range under the sentencing guidelines of the Supreme Court in 8 to 2010.

1. From 10 to 2 years in prison, in the area of aggravation of Type 2 (ma), such as marijuana, flavoring, item (d) and (e) of the Act on the Control of Narcotics, Etc.) (Violation of the Act on the Control of Narcotics, etc.).

2. Aggravation area of Type 2 (ma), including the area of aggravation, and 10 to 2 years, of imprisonment with prison labor for the category 2 (ma), such as marijuana, natives, items (d) and (e) of the Act on the Control of Narcotics;

3. Type 2 (math, item (d), (e) and (e) of the Act on the Control of Narcotics, Etc.) as an aggravated area, and 10 months to 2 years.

4. In full view of the final sentence scope of imprisonment with prison labor according to the standards for handling multiple crimes, the lower court’s sentence against the Defendant is not deemed unreasonable because it is too uneasible.

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

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