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(영문) 춘천지방법원 2015.09.09 2015노106
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor of not less than 2 years, 700,000 won, additional collection for probation, community service, 80 hours, and 40 hours during the pharmacologic course) of the lower court is deemed unreasonable.

2. In light of the motive, means, and result of the instant crime, the circumstances after the instant crime, the absence of the same criminal records within the last ten years, volunteer activities for local communities, the defendant has an opportunity to reflect during the period of detention, and the conditions of various sentencing as shown in the arguments, such as the defendant’s age, character and conduct, it is difficult for the court below to deem that the sentence imposed by the defendant is too unjustifiable, and thus, the prosecutor’s above assertion is groundless.

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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