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(영문) 서울중앙지방법원 2015.10.15 2015노3228
마약류관리에관한법률위반(대마)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, confiscation, and collection) declared by the court below is too heavy or unreasonable.

2. We also examine the arguments of the defendant and the prosecutor regarding the grounds for appeal.

In full view of various circumstances, such as the Defendant’s age, character and behavior, the background, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is deemed to be adequate, and it is not deemed to be unreasonable or unreasonable because the Defendant’s punishment is excessively heavy or unfasible, in light of the following circumstances: (a) the Defendant committed each of the crimes of the same kind during the period of repeated offense even though the Defendant had been sentenced twice; (b) the Defendant has committed the crime of violation of the Act on the Control of Narcotics, etc.; and (c) the Defendant has committed the crime of this case during the period of repeated offense.

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

3. The appeal by the defendant and the prosecutor in conclusion is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in the application column of the lower judgment, “the point of possession of marijuana” shall be corrected to “the point of storage of marijuana”.

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