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(영문) 대전고등법원 2015.11.27 2015노374

마약류관리에관한법률위반(대마)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Unfair sentencing: The sentence of the lower court (two years of imprisonment, three years of suspended execution) is too unreasonable.

Judgment

In full view of the circumstances determined by the lower court (in particular, the Defendant imported marijuana along with her friendships, purchased marijuana from her friend and smoked twice, and narcotics crimes are likely to have a serious adverse impact on society as a whole, such as impairing national health or inducing other crimes, etc. without having any influence on the physical body and mind of an individual), and the punishment provided for in the Act on the Control of Narcotics, etc. (Violation of the Narcotics Act by the import of marijuana, etc.) among the instant crimes, on the grounds that the punishment imposed by the lower court was imprisonment with prison labor for life or for not less than five years, and the punishment imposed by the Defendant for the violation of the Act on the Control of Narcotics, etc. by the import of marijuana is limited to imprisonment for life or for not less than five years on the grounds that the Defendant voluntarily surrenders, and the sentence imposed by the lower court is limited to the suspension of the execution of imprisonment with prison labor close to the lower court (one year and three months), and other circumstances that are favorable to the Defendant or his defense counsel, even if considering the favorable reasons for the Defendant or the Defendant’s appeal.

The judgment of the court below shall not be deemed to have an unreasonable reason for the amount of punishment, as alleged in the grounds for appeal by the defendant or defense counsel.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.