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(영문) 수원지방법원 2018.06.15 2017노7817
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to four million won) is too unreasonable.

2. The Defendant is making a confession of all of the instant crimes.

In this case, the Defendant only carried a small amount of marijuana (0.37g) and did not sell it to distribute or smoke it.

It seems that the most economic situation seems that the defendant supports his wife and children is not good.

The fact that the defendant has no same power is favorable to him.

However, it is necessary to strictly punish narcotics-related crimes not only because they avoid the body and mind of an individual due to their crypism, toxicity, etc., but also are highly likely to harm the health and social safety of the people.

The crimes are very poor, such as arrest of the defendant who proposed to have sexual intercourse after smoking marijuana along with a locked police investigator.

The defendant has been sentenced to a penalty exceeding a fine three times.

This is disadvantageous to the defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and all the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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