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(영문) 서울고등법원 2013.07.04 2013노1589

마약류관리에관한법률위반(대마)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years and six months of imprisonment and confiscation) to the gist of the grounds for appeal is too unreasonable; and

2. In the first instance, the Defendant recognized the instant crime and against his mistake; the Defendant did not have any history of criminal punishment; the Defendant simply delivered the imported marijuana, and did not distribute or smoke it; the Defendant acquired the U.S. citizen right by adoption into Hainna and 9 years old in H in Korea; the name of the Republic of Korea was “H”; the name of the U.S. was presumed to be “H”, and the name of the U.S. is presumed to be “H”, but the exact name is unclear.

It is recognized that the circumstances, such as: (a) the bareboat value or the alcohol value or the 40-500,000 won was collected; and (b) the marijuana imported from the instant crime was seized, and was not distributed to others.

However, the defendant denied the facts of the crime of this case by a vindication that is hard to obtain evidence even though it is obvious in the court below, and recognized only when it comes to the trial, and it is necessary to eradicate it as it may have a serious adverse effect on society as a whole. The defendant's act of importing narcotics, etc. is highly necessary to eradicate it. The defendant's act of importing narcotics, etc. is 94.57g, which is the 94.57g, and it is highly likely to cause social harm and danger that it is distributed in Korea as a result of the defendant's crime of this case, and other various sentencing conditions and sentence of the court below on the argument of this case, such as the defendant's age, character, character, occupation and environment, etc., fall under the "basic area" of the sentencing guidelines for narcotics crimes in accordance with the sentencing guidelines, and thus the scope of sentencing recommendation is 2 to 4 years, or 2 years to 4 years and 2 years and 4 years and 6 months and 4 years.

In full view of the internal points, the sentence imposed by the court below is too vague.