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(영문) 광주지방법원 2016.07.26 2016노1702
마약류관리에관한법률위반(대마)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the other hand, the defendant asserts that the defendant is too unafford and unfair as to the punishment of the court below (a year of imprisonment, confiscation, and collection) against the summary of the grounds for appeal, while the prosecutor appealed from the court below, asserting that it is too unafford and unfair.

2. The judgment of the defendant collected most of the hemps that the defendant possessed and smoked, and the cultivated hemps are relatively much more than 3.

On the other hand, in 2012, the Defendant committed a crime again even though he had been under the suspension of the execution with respect to the same kind of crime, and had a large amount of marijuana possessed, and cultivated marijuana directly without being used to smoke it.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sex, and circumstances after the commission of the crime, the argument regarding the sentencing of the Defendant and the Prosecutor is difficult to accept.

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

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