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(영문) 서울고등법원 2017.09.20 2017노1912
마약류관리에관한법률위반(대마)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below to the defendant (a punishment of imprisonment with prison labor for three years, a suspended sentence of four years, a observation of protection, an order to attend a course 120 hours, an additional collection of 870,000 won and an order of provisional payment) is too uneasible.

2. The crime of this case is deemed that the Defendant purchased, used, or smoked ls and marijuana, which are the ls and marijuana, on several occasions, and the crime of this case was committed for a considerable period of time, and the occurrence of social harm caused by the drug crime is light.

shall not be required to do so.

However, the Defendant did not have any criminal record at the early 20th century, and recognized all the crimes of this case, and reflects the Defendant’s wrongness. Some narcotics were seized to an investigation agency and did not distribute to the investigation agency, and the Defendant’s parents wanting to take the Defendant’s wife, and thus, seems to maintain a social ties relationship normally.

In full view of these circumstances, Defendant’s character and behavior, environment, and motive and circumstance of the crime, all the sentencing conditions shown in the instant pleadings, the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, 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.

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