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(영문) 서울고등법원 2018.08.09 2018노1333

마약류관리에관한법률위반(대마)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court determined that: (a) considering the circumstances unfavorable to the Defendant, such as the fact that the crime related to narcotics has a great degree of harm and injury to society; and (b) the Defendant’s repeated purchase and smoking of marijuana for the period of suspension of the execution of the same kind of crime has not yet passed since the period of suspension of the execution has been expired; and (c) taking into account the circumstances favorable to the Defendant, such as the Defendant’s favorable circumstances, the Defendant’s age, sexual conduct, environment, family relationship, motive for the crime; and (d) comprehensively taking into account all of the sentencing factors specified in the record of the instant case and all of the sentencing factors stated in the arguments of the lower

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.

There are no circumstances such as the circumstance leading up to the occurrence of the Defendant’s instant crime and the reason for the unfair sentencing, including investigation cooperation, that the lower court’s determination of the sentence was sufficiently considered, and that it is unreasonable to maintain the lower court’s determination as it is, even if comprehensively taking account of the aforementioned factors up to the sentencing hearing process in this court.

Therefore, the defendant does not accept the defendant's unfair argument.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.