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(영문) 서울고등법원 2020.06.25 2020노697
마약류관리에관한법률위반(대마)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution) by the lower court is deemed to be too uneasy and unfair.

2. The lower court determined that, under the circumstances favorable to the Defendant, the Defendant was sentenced to punishment by taking account of the following: (a) the Defendant’s trade of marijuana, smoking and receiving and selling psychotropic drugs, and the content of the instant crime, which is not good; (b) narcotics crimes are disadvantageous to the Defendant, which cause serious problems to individuals and society due to toxicity; (c) the Defendant recognized and reflects the instant crime; (d) the Defendant is a primary university student; (c) the Defendant’s primary university student; (d) the Defendant’s volume of marijuana and psychotropic drugs handled by the Defendant’s parents; and (e) the Defendant and his parents are trying to not repeat the instant crime.

As can be seen, the circumstances unfavorable to the sentencing asserted by the prosecutor as the sentencing factor are already considered in the original judgment, and there is no new circumstance or special change of circumstances that can be reflected in the sentencing after the sentence of the original judgment.

In addition, even if the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, and the various conditions of sentencing indicated in the instant pleadings and records, such as the circumstances after the crime, are comprehensively considered, it cannot be deemed that the lower court’s punishment is too light beyond the discretionary scope.

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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