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(영문) 대전지방법원 2015.08.13 2015노95
마약류관리에관한법률위반(대마)
Text

All the defendant and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (an unfair form of punishment) (an administrative fine of KRW 3,00,000, and the remainder of the crime in its holding: a fine of KRW 5,000,000) is too unreasonable.

B. The court below’s sentence of the prosecutor (e.g., e., e., e., e., t

2. The judgment is disadvantageous to the defendant who has been sentenced to a suspended sentence of imprisonment for a crime of the same kind, and the fact that the defendant committed a crime under Articles 1-B, 2 and 3 of the judgment of the court below during the suspended sentence of imprisonment for a crime of the same kind.

However, there are extenuating circumstances such as the fact that the defendant is deeply divided and reflected in his mistake, the crime of Article 1 (A) of the judgment of the court below is to consider equity with the case where the defendant was judged simultaneously with the crime of violation of the Punishment of Violences, etc. Act (a collective or deadly weapons, etc.) which became final and conclusive, and that the defendant seems to be extremely poor in health conditions such as long-term hospitalization due to activity-pulmonary tuberculosis and chronic alcohol diseases, etc. In addition, comprehensively taking account of all the sentencing conditions such as the defendant's age, character and behavior, environment, circumstances of the crime of this case, and circumstances before and after the crime, it is not recognized that the sentence of the court below is too weak or unreasonable.

3. The Defendant and the prosecutor’s appeal are 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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