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(영문) 대구지방법원 2019.11.27 2019노3222
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the respective punishment of the court below (the fine of KRW 10 million, the fine of KRW 5 million, and the fine of KRW 5 million) is too uneased.

2. There is no change in the sentencing conditions compared with the original judgment because there was no new data to reverse the lower court’s sentencing, and even in full view of all the sentencing conditions as shown in the records and arguments of this case, including the Defendants’ age, character and conduct, environment, motive and means of the crime, circumstances after the crime, etc., the lower court’s punishment is too unhued and so it is difficult to view that the lower court’s punishment exceeded the reasonable scope of discretion.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion 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.

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