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(영문) 서울고등법원 2020.09.17 2020노1131

마약류관리에관한법률위반(대마)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and two years of suspended execution as to the crime of 1.a. (a) as indicated in the judgment of the court below, and two years of imprisonment with prison labor for each of the remaining crimes as indicated in the judgment of the court below, confiscated evidence 1 to 9, 160, 301,000 additional collection) are too unreasonable.

2. The court below, however, takes into account the following circumstances: (a) the Defendant, without merely smoking or carrying marijuana, has repeatedly distributed it on the market for a long time; (b) the transfer of marijuana handled during the process of the transaction of marijuana; (c) the Defendant used mobile phone-rating fluor "culing" or "tel gram" in the course of the transaction of marijuana; (d) the Defendant used intelligent methods such as receiving marijuana sales proceeds in virtual currency; (e) the Defendant had the same criminal records as narcotics; and (e) the offense related to narcotics is not easy to detect due to the characteristics of the offense being administered by being closely traded; and (e) the possibility of the occurrence of recidivism and other crimes that are highly harmful to the Defendant due to their high probability of committing a crime that is different from the risk of re-offending due to hallcation and toxicity, etc.; and (b) the lower court’s

On November 5, 2015, the crime of aviation is committed in violation of the Act on the Control of Narcotics, etc. and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act. Considering the circumstances favorable to the defendant, the defendant must take into account the following factors: (a) the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime; (b) the circumstances after the crime was committed; and (c) the punishment against the defendant shall be imposed on the defendant by taking into account all the sentencing factors shown in the argument of the court below, such as the defendant's age, character and conduct,

As to the crime of resistance, two years of suspended sentence and two years of imprisonment for the remaining crimes as stated in the judgment of the court below were imposed, and confiscation of seized evidence 1 to 9 and collection of 160,301,000 won was added.