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(영문) 수원지방법원 2018.09.06 2018노3985
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (a prison term of six months, additional collection of 1980,000 won) is too unfford and unreasonable.

2. Although the prosecutor pointed out that a prosecutor requires strict punishment due to poor quality of the crime in light of the content of the crime, the fact that the defendant reflects the defendant, the balance between the defendant and the case where the judgment is rendered concurrently with the crime of violation of the Narcotics Control Act, etc. for which the judgment became final and conclusive, and other sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, criminal conduct, environment, family relationship, motive for the crime, and circumstances after the crime, are considered, it does not seem that the sentence of the court below is too unjustifiable and thus unfair.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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