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(영문) 수원지방법원 2017.07.14 2017노2513
마약류관리에관한법률위반(대마)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Reasons for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In full view of all the sentencing conditions, such as the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment is too heavy or it cannot be deemed unfair, in light of the following: (a) the confession of the crime; (b) the fact that the person was committed twice during the period of the suspension of the execution of the sentence two times for the same kind of crime; (c) the fact that the person was sentenced to two times of suspension of the execution of the sentence; and (d) the fact that the person was in response to the training of marijuana as a result of the assessment of the urine and the maternity; and

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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