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(영문) 서울서부지방법원 2018.12.13 2018노1040

마약류관리에관한법률위반(대마)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (an amount of KRW 5 million, additional collection) on the gist of the grounds of appeal is too unreasonable.

2. The judgment that the defendant recognized the crime and did not repeat the crime

It is favorable that it is the first offender who has no record of crime, and that it is the first offender who has no record of crime.

However, it is not easy to detect narcotics crimes in terms of their characteristics, and there is a high risk of recidivism, and there is a significant negative impact on the society as a whole due to decentralization and toxicity.

This case is regulated by statutory punishment to impose imprisonment for not more than five years or a fine not exceeding 50 million won.

In full view of the circumstances, such as the Defendant’s unfavorable or favorable conditions and other circumstances, the Defendant’s age, sex, health status, the background and motive leading to the instant crime, and the circumstances before and after the instant crime, the lower court’s sentencing cannot be deemed unfair as it is too unreasonable.

Defendant’s assertion is not accepted.

3. 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.