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(영문) 수원지방법원 2013.10.10 2013노2033
마약류관리에관한법률위반(대마)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one hundred months of imprisonment, two years of suspended execution, probation, and collection) is deemed to be too uneasy and unreasonable.

2. In full view of the following: (a) the Defendant led to the instant crime; (b) the Defendant’s confession and reflects the instant crime; (c) the amount of smoked marijuana is not large; and (d) the probation officer’s direction and supervision could prevent the risk of recidivism; and (d) the circumstances leading to the instant crime, including the background leading up to the instant crime; (c) the Defendant’s age, character and conduct; (d) the character and conduct; (e) motive and circumstances leading to the instant

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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