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(영문) 창원지방법원 2013.04.18 2013노289
마약류관리에관한법률위반(대마)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each punishment of the court below (the defendant A: imprisonment of eight months, confiscation and collection, defendant B: imprisonment of two years of suspended execution and collection, probation, and pharmacologic treatment) is too unreasonable;

2. In light of the fact that the defendants led to the crime of this case, the defendants led to the confession of the crime of this case and divided their errors, and the defendant A demanded to report and report the crime of this case to his wife. The defendant A's wife reported and the crime of this case was discovered.

However, Defendant A had the record of being punished for the same crime, and committed the crime of this case again in the past and several months after the period of the probation expires, Defendant B had the record of being sentenced to a fine for the violation of the Cannabis Control Act prior to the lapse of 20 years, considering the favorable circumstances in consideration of the court below, and the execution of the above sentence was deferred for two years, and Defendant B did not seem to have deteriorated to the extent that it is difficult for Defendant B to implement the order to attend a lecture; the crime related to marijuana is highly harmful to society due to its toxicity; and other various circumstances that are the conditions of sentencing, such as the Defendants’ age, character, character, intelligence and environment, motive, background, means, method, and consequence of the crime, the circumstances before and after the crime, and criminal records, etc., it is not recognized that the sentence imposed by the court below is too unreasonable. Thus, the Defendants’ assertion of unfair sentencing is without merit.

3. In conclusion, the Defendants’ respective appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ respective appeals in this case are without merit. It is so decided as per Disposition.

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