logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.06.25 2019노1080
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 (the imprisonment for eight months, the suspension of the execution of two years, the probation, the order to attend lecture for forty hours pharmacologic treatment, the additional collection of KRW 9,000) is too uneased and unreasonable.

2. The Defendant, as well as the mere smoking of marijuana, directly extracted and stored or possessed it.

Smoking has also been three times.

The defendant was sentenced to each sentence in 198 and 2003 as a result of the same crime and was punished by a fine in 2000 can have the same force.

On the other hand, the defendant shows his attitude to reflect his wrongness in depth.

The most recent criminal records are the 2003 years, and they do not seem to have committed narcotics-related crimes for a relatively long period.

The wife and four children must support them, and the defendant's wife also want to support them.

In addition, considering the defendant's age, living environment and family relations, motive and circumstance of the crime, circumstances after the crime, crime records, and the sentencing guidelines (based on suspended sentence) of the Supreme Court below, it is not unreasonable for the court below to impose a suspended sentence in addition to an order to attend probation and pharmacologic treatment.

The prosecutor's assertion is difficult to accept.

(O) There is no standard for the suspension of narcotics crimes [main reasons for the suspension of execution of narcotics crimes] [the reason for illegal participation] (the reason for the suspension of execution of the general participation] at least two times, and the detention of a defendant who is seriously against his/her will entail excessive difficulty to his/her family members.

3. The appeal by the prosecutor of the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow