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(영문) 창원지방법원 2017.08.09 2017노683
마약류관리에관한법률위반(대마)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court rendered a sentence by taking into account the following facts: (a) the Defendant smoked and attempted to purchase and purchase marijuana on two occasions; (b) the Defendant appears to have smokeed; and (c) the Defendant was sentenced to a fine of KRW 2 million due to the crime of injury in 2010, and the Defendant did not have any other penal force, and did not reflect his mistake.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

The sentencing condition of the lower court was significantly changed in the trial.

In light of the above, it is difficult to see that the sentence of the lower court is unreasonable because it is too unhutiled.

Therefore, prosecutor's assertion is without merit.

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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