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(영문) 서울고등법원 2015.09.11 2015노1681

마약류관리에관한법률위반(대마)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year and two months of imprisonment) is too unreasonable.

Judgment

The Defendant recognized all of the instant crimes and is in profoundly against the Defendant.

Defendant has no record of punishment for the same kind of crime.

The Defendant appears not to smoke marijuana prior to the commencement of the investigation into the instant crime, and appears not to commit such a crime again.

In addition, there are social ties such as continuing to visit the defendant under the custody of the defendant and wanting the defendant's wife.

However, the crime of this case is that the defendant purchased marijuana over three occasions and possessed the remaining marijuana over seven occasions, and in addition to the circumstances where the defendant provided marijuana to other persons instead of smoking it, and caused the smoking of marijuana by smoking it together, it is necessary to punish the corresponding severe punishment.

Furthermore, even though the Defendant was sentenced to imprisonment due to the crime of forging securities, he again committed the instant crime during the period of repeated crime.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and background of the crime, circumstances after the crime, etc., various sentencing conditions as shown in the instant argument, and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, etc., the sentence imposed by the lower court cannot be deemed unfair.

The defendant's ground of appeal is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is groundless. It is so decided as per Disposition.