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(영문) 서울고등법원 2013.11.15 2013노2970
마약류관리에관한법률위반(대마)
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for not less than two years and six months.

However, from the final date of this judgment.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below to the defendants (two years and six months of imprisonment) is too unreasonable.

Considering the fact that marijuana is also a substance that is likely to cause significant social harm, that is, the quantity of marijuana imported by the Defendants reaches approximately 837.59g, and that the Defendants cannot be deemed to have smoked once in light of the conspiracy and urine inspection results of the Defendants, criminal liability of the Defendants is not weak.

However, in full view of all the sentencing conditions, including the defendants' ages, family relations, criminal records, character and conduct, environment, motive and background of the crime, method and method of the crime, circumstances after the crime, etc., each punishment sentenced to the defendants by the court below is unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is well-grounded, and the judgment below is again ruled after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 58(1)5 and Article 3 subparag. 7 of the Narcotics Control Act, Article 30 of the Criminal Act, Article 61(1)6 and Article 4(1)2 of the Act on the Control of Narcotics, Etc. (the occupation of receiving marijuana and the choice of imprisonment), Article 61(1)4 (a) and Article 3 subparag. 10 (the occupation of smoking marijuana and the choice of imprisonment) of the Act on the Control of Narcotics, etc.;

B. Defendant B: Narcotics Control Act.

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