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(영문) 서울중앙지방법원 2013.10.24 2013노2657
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of five million won) is too unhued and unreasonable.

2. In full view of the following circumstances: (a) the Defendant’s judgment as to the grounds for appeal is against the mistake that the Defendant would not repeat such mistake again; (b) the two times of medication is merely a previous conviction; (c) there is no previous conviction or more than a suspended sentence; and (d) other circumstances that form the conditions for the argument and the sentencing indicated in the record of the instant case, including the Defendant’s age, character and conduct, the environment, the process and motive of the crime, means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence imposed by

Therefore, prosecutor's assertion is not accepted.

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

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