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(영문) 수원지방법원 2017.06.23 2017노2126
마약류관리에관한법률위반(대마)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (an additional collection of KRW 6,00,000) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. However, there are extenuating circumstances to consider the Defendant, such as the fact that the Defendant recognized the instant crime and divided his mistake, and the Defendant provided another narcotics offender with cooperation in the investigation of the narcotics crime by informing another narcotics offender.

However, the crime of this case is likely to be criticized in that the defendant smokes marijuana twice, and the nature of the crime is not weak, and the defendant has already been punished twice due to drug crimes, but has already been committed the crime of this case.

Considering the various circumstances, including the above circumstances, such as the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, the lower court’s punishment is deemed appropriate and it does not seem unfair because it is too heavy or unbrupt.

3. According to the conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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