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(영문) 서울고등법원 2017.11.15 2017노1771

마약류관리에관한법률위반(대마)

Text

Defendant

All appeals by prosecutors are dismissed.

The judgment below

Of the text, “5,470,000 won from the defendant.”

Reasons

1. Summary of grounds for appeal;

A. Defendant’s punishment (as seen in the lower court’s subsequent order of KRW 5,743,00 in imprisonment for a year, August, 5,743,00, “547 thousand 3,000” as stated in the order of the lower judgment is a clerical error of “5,743,000 won”.

It is too unreasonable to say that it is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant shows an attitude against the defendant when he recognized all of the crimes of this case, and the defendant has no record of punishment heavier than a fine, and the defendant's family members and his supporters want to take a preference against the defendant, etc. are favorable to the defendant.

However, the crime related to narcotics, etc., may not only avoid the body and mind of an individual due to their hallculation, toxicity, radio wave, etc., but also cause harm to the public health or cause another crime, and thus adversely affect society as a whole. Furthermore, the sale, purchase, or acceptance of marijuana, such as the crime of this case, is the act promoting smoking of marijuana and expanding its base, and is highly serious and highly likely to be subject to criticism compared to mere medication, and is more severe than that of a simple medication. The amount of marijuana traded by the defendant is significant and the number of times it is traded and sold by the defendant to many people; the marijuana sold by the defendant to E, G, etc. is distributed through them; the defendant committed the crime of this case even though he was suspended of indictment on the same kind of crime on July 31, 2015, which is disadvantageous to the defendant.

In addition, considering the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the crime, all of the sentencing conditions shown in the instant records and arguments, such as the circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee applicable to the instant case (one year to three years), the sentencing of the lower court against the Defendant is too heavy or unbrupted and unfair.