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(영문) 서울고등법원 2019.05.23 2019노179

마약류관리에관한법률위반(대마)

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (three years of imprisonment, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The summary of the instant crime is that the Defendant imported approximately 2,253.4 grams of marijuana in collusion with the namelight boxes in New York, containing about 20 vinyls containing about 20 g of hemp 2,253.4 g in collusion with the Defendant in New York, and imported approximately 2,253.4g of marijuana in a way of carrying 1000 1000 000-000 200-00-000-000-000

Crimes related to narcotics are not easy to detect due to their characteristics, and the risk of recidivism is high, as well as negative effects on society as a whole due to decliability, toxicity, etc.

In particular, because the importation of narcotics is highly likely to cause additional crimes due to the proliferation of narcotics and the spread of narcotics, there is a need for strict punishment.

The instant crime was committed in a systematic and planned manner, and the Defendant participated in the instant crime in order to gain economic benefits.

The amount of marijuana imported by the defendant is reasonable.

The above is the circumstances unfavorable to the defendant.

On the other hand, the defendant shows his attitude to reflect in depth.

The Defendant appears to have participated in the instant crime as a simple transport measure, after hearing the Defendant’s words that he would receive a large amount of money from the marijuana intermediary’s employees, when he was instructed to demand the repayment of the bond company.

All marijuana imported by the defendant were confiscated and not distributed in the market.

Defendant has no record of criminal punishment in the United States and Korea.

The health status of defendants is not good.

The family and relatives of the defendant want to be the wife.

The above is the circumstances favorable to the defendant.

The above circumstances, the age, character and conduct, and environment of the defendant, all of the sentencing conditions shown in the argument of this case, and the sentencing guidelines of the Supreme Court sentencing committee.