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(영문) 서울고등법원 2018.04.05 2018노247
마약류관리에관한법률위반(향정)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (the imprisonment of one year and six months, the suspension of execution of three years, the observation of protection, the order to attend lectures for 80 hours, the confiscation of 10,000 won and the additional collection of 10,000 won) imposed by the court below is too unflu

Judgment

The lower court: (a) under the circumstances unfavorable to the Defendant, taken into account (i) the following factors: (i) the instant crime was committed: (i) the Defendant sold an X-mail using the Internet drug transaction site and R, administered an X-mail; (ii) purchased a sheet sheet, which is a mash resin, filled in tobacco; and (iii) obstructed marijuana; and (iv) the Defendant made the Defendant take part in the Defendant’s criminal act, i.e., pro-Japanese F and G to bring about the X-si at the promised place after setting the terms and conditions of the transaction in contact with those who wish to purchase an X-si; (ii) the Defendant was favorable to the Defendant; (iii) the Defendant was the primary offender; (iv) the purchase and sale of X-si 10g-si on September 21, 2017, which was planned by the police control; and (v) the volume of X-si sold by the Defendant twice was not much higher than 1g in total; and (v) the Defendant’s age, character and environment; (v) the Defendant’s imprisonment for 10 years and circumstances for 3 months.

In full view of the factors and sentencing criteria as shown in the sentencing review process of the lower court, the lower court’s judgment exceeded the reasonable bounds of its discretion.

shall not be assessed.

B. In addition, there are no circumstances to recognize that the court below’s improper reasons for sentencing alleged by the prosecutor are unfair to maintain the judgment of the court below as it is, in full view of the materials revealed in the court’s sentencing proceedings, while determining the defendant’s punishment.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

In conclusion, the prosecutor.

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