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(영문) 서울중앙지방법원 2017.11.30 2017노3566
마약류관리에관한법률위반(대마)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the amount of KRW 30 million) is too heavy or (the Defendant) is too heavy.

2. In light of the circumstances where the Defendant was sentenced to a fine of KRW 5 million for the same crime, and there was an adverse response to the cultivation of marijuana in the hair, the lower court sentenced the Defendant to a fine of KRW 30 million in consideration of the circumstances favorable to the fact that the Defendant was able to smoke once in marijuana, the Defendant voluntarily surrenders to the investigation agency, and the Defendant committed the crime. The lower court appears to have within the reasonable scope of discretion, and there is no change in the conditions of sentencing compared with the lower court on the grounds that the new sentencing materials have not been submitted in the first instance trial.

The argument of the defendant and the prosecutor of the court below is not acceptable, since the punishment of the court below is too hot or unbrupted so that it cannot be deemed unfair.

3. The appeal by the defendant and the prosecutor in 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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