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(영문) 창원지방법원 2013.12.19 2013노1421
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution in August, 400, 40 hours of pharmacologic treatment, and 300,00 won of surcharge) of the lower court is deemed to be too unhued and unreasonable.

2. In full view of all the sentencing conditions as shown in the records and arguments of this case including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the lower court is deemed reasonable, and it is not deemed unfair because it is too unreasonable, and thus, the Prosecutor’s assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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