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(영문) 서울고등법원 2020.02.06 2019노2196

마약류관리에관한법률위반(대마)등

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1. The judgment below is reversed.

2.(a)

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

provided that this ruling has become final and conclusive.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (two years and six months of imprisonment, confiscation, additional collection 610,500 won) is too unreasonable.

Judgment

Narcotics-related crimes cause the degradation of individuals, homes, society, and human society as a whole, which are highly likely to be criticized in that they are social phenomenon beyond individual criminal acts.

The crime of this case is an act of importing ls with strong slD with the intention of selling them to others, and storing 178.4g of marijuana with the intention of selling them to others, and the nature of the crime is not somewhat weak.

These points are disadvantageous to the defendant.

However, the Defendant recognized all of the instant crimes from investigative agencies to the court of the first instance, and seriously reflects the Defendant’s mistake.

The defendant's smuggling imported clocks are three, lsD are about 10, and lsD cannot be seen as having a large amount of clocks, and it cannot be seen as having been professionally or closely engaged in the crime.

In addition, the circumstances that can be seen as leading the whole crime are not revealed.

The defendant is still a 20th young-age who has no criminal power, and even though he had been living in Japan for about 20 years, he is able to faithfully perform the duty of national defense by entering the military forces of the Republic of Korea.

These points are favorable to the defendant.

In addition, taking into account the Defendant’s occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the sentencing guidelines of the Supreme Court Sentencing Committee, etc., the sentencing of the lower court is too unreasonable, and it seems that it is more appropriate to provide the Defendant with an opportunity to return to the society as a member of a sound society rather than a prolonged isolation from the society under severe punishment.

The above points are pointed out.