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(영문) 서울고등법원 2017.06.27 2017노1258

마약류관리에관한법률위반(대마)

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant (No. 1 of the decision of the court below)

(a)bee;

(j) Four months of imprisonment and one-month of imprisonment for the crimes; and

(k)beo;

(u)in respect of the crimes and crimes of Type 2, imprisonment for up to 8 months, additional collection to 5.230,000 is too unreasonable;

Judgment

The fact that all of the crimes of this case are recognized by the defendant and the mistake is divided in depth, that the defendant served as an important role in arresting other drug offenders by actively cooperating with the investigation agency after the arrest of the defendant, that the mother and friendship of the defendant are promising to actively assist the defendant's rehabilitation and wanting the wife, etc. It seems that social ties are evident, such as the 1st decision of the court below.

(a)bee;

(j) The facts that the offense is to be judged concurrently with the offense of violation of the Act on the Management of Narcotics, Etc., for which a judgment has become final and conclusive, are favorable to the accused.

However, narcotics-related crimes not only cause the body and mind of an individual due to their toxicity, etc., but also cause harm to the health of the people or cause another crime. Moreover, the sale and purchase or acceptance of marijuana, such as the crime of this case, is very severe than that of a simple medication, and the possibility of criticism is very severe than that of a simple medication, and the sale, purchase, and delivery of marijuana are more than 20 times more than that of a simple medication. In particular, the defendant was indicted for committing the crime of marijuana trade and delivery and delivery, and was sentenced to a two-year suspension of execution on June 30, 2016 by the Seoul Western District Court, Seo-gu, Seoul, and was sentenced to a two-year suspension of execution (Article 1 of the judgment of the court below).

(k)beo;

(u) The fact that the Defendant continued to commit a crime and a crime No. 2) is disadvantageous to the Defendant.

In light of the above circumstances, the defendant-appellant.