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(영문) 서울고등법원 2019.08.22 2019노1317
마약류관리에관한법률위반(대마)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

(F) The sentence imposed by the court below (a year and two months of imprisonment, confiscation, additional collection of 109,000 won) is too unreasonable.

The defendant's judgment on the grounds of appeal is against the recognition of the crime of this case, and seems to be against the will to cut off with narcotics.

It is not revealed that the instant crime was committed for the purpose of distributing or selling narcotics, etc., and the Defendant cooperateed in arresting the narcotics offender related to the instant crime.

In addition, the amount of damage caused by the theft of this case is relatively large, and the damage was recovered from all of the damage and recovered to the victims.

These points are favorable to the defendant.

However, the crime of this case is to purchase, receive, smoke, possess, administer narcotics, etc. for several times, and to steal the property.

In particular, narcotics-related crimes cause the degradation of individuals, homes, society, and human society as a whole, and are social pathology beyond individual criminal acts, and they are very heavy in terms of the quantity of marijuana purchased by the defendant.

In addition, the Defendant committed the theft of this case under the same veterinary act within a short time after the parole was revoked due to the theft crime during the period of parole and the execution of the sentence was completed, and committed the theft of this case and committed the crimes related to narcotics.

These points are disadvantageous to the defendant.

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the circumstances alleged by the Health Center and the Defendant as an element of sentencing were already revealed in the hearing process of the lower court and sufficiently considered, and the sentencing conditions after the sentence of the lower judgment are imposed.

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