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(영문) 서울고등법원 2015.09.11 2015노1265

마약류관리에관한법률위반(대마)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Articles listed in the attached list as seized, respectively.

Reasons

1. The summary of the grounds for appeal: The lower court’s sentence against the Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) is too unreasonable.

2. The crime of this case against the defendant committed the crime of this case, such as the purchase, cultivation, taking in, and possession of narcotics, etc., by the defendant committed the crime of this case against a foreigner who is not able to be able to do so in the Korean language, by acquiring money exceeding 30 million won under the name of lease deposit, etc., and neglecting to serve as a social work personnel without any special reason, and the nature of the crime is very heavy. In particular, the crime of narcotics, etc. is highly likely to be subject to criticism because it is highly likely to undermine the health and social security of the people due to their cryptism and toxicity, and the defendant committed a number of crimes, including the same kind of crimes, during the suspension period after being sentenced to the suspended sentence on August 13, 2013, and sentenced to the judgment of the suspended sentence on the same kind of crimes as narcotics, etc., and committed again during the suspended sentence, not limited to marijuana, and it appears that there are various kinds of crimes, such as Xpers, 25 Asian-MMPP, temporary narcotics, etc., and damage to fraud.

However, all of the crimes of this case are recognized by the Defendant, and the Defendant seems to have been addicted to marijuana while drinking marijuana for the purpose of emulation for a long time, and there are circumstances to consider the circumstances. Although the Defendant committed the crime of this case during the suspension period of the execution of the same kind of crime, although the Defendant had already been addicted to marijuana, it seems that the Defendant re-imprisoned the above crime under the conditions that he had no adequate treatment and care opportunity to distinguish things or make decisions because he had no ability to discern things or make decisions.