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(영문) 광주고등법원 2019.08.29 2019노158
마약류관리에관한법률위반(대마)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two and a half years of suspended sentence to six months) is too unhued and unreasonable.

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As the Defendant did not submit new sentencing data to the lower court, there is no change in the sentencing conditions compared to the lower court’s judgment, and comprehensively taking account of the records and arguments, the lower court’s sentence against the Defendant exceeded the reasonable scope of discretion.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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