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(영문) 창원지방법원 2019.07.10 2019노842
마약류관리에관한법률위반(대마)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of the favorable circumstances, the lower court rendered a sentence by taking into account the following factors: (a) the Defendant led to the confession and reflect of the instant crime; (b) the Defendant did not have the power to commit a crime except for those sentenced to a suspended sentence once; (c) the Defendant’s family and branch sought the Defendant’s prior action against the Defendant; and (d) the Defendant committed the instant crime even though he/she committed the same type of crime during the suspended sentence period; and (c) the Defendant was sentenced by taking into account the Defendant’s age, character and conduct, environment, and other various sentencing conditions indicated in the instant records and arguments

All the grounds for unfair sentencing asserted by the Defendant and the Prosecutor appear to be the circumstances in which the lower court had already taken full account of the Defendant’s punishment, and there are no circumstances to deem that the above sentencing conditions have changed, and considering the above sentencing conditions, the lower court’s punishment is reasonable within the reasonable scope of discretion.

Therefore, the defendant and prosecutor's argument are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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