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(영문) 수원고등법원 2019.09.26 2019노200
마약류관리에관한법률위반(대마)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year imprisonment) by the lower court (e., a two-year imprisonment) is too unreasonable.

2. The facts that the Defendants led to the confession of all of the crimes and the mistake of the Defendants, cooperation with the arrest of each of the Defendants in the course of the investigation, Defendant B did not have any criminal record of being punished in Korea as well as criminal punishment of KRW 1 million by larceny around 2017, and Defendant A did not have any criminal record of domestic punishment; Defendant A did not have any criminal record; Defendant A had all of the family members, including his wife and her father, parents and 1st degree disability; Defendant B had family members to support the Defendants, including his father, and Defendant B’s family members or branch members want to leave the Defendants’ preference.

However, the Defendants, other than the authorized person handling narcotics, purchased approximately 660gs in total from D and sold approximately 360gs in total to Defendant B for the purpose of selling approximately 343gs in total four times, and Defendant B purchased marijuana as above, sold approximately 281gs in total to L, Y, Z, AAF, etc. for the purpose of smoking or selling it once, and possessed approximately 75gs in total for the purpose of smoking or selling it, without permission of the superintendent of the competent police station, and possessed swords for the purpose of smoking or selling it. Narcotics crimes have a high risk of recidivism, and have a significant negative impact on the society as a whole, due to exchangeability, toxicity, etc., and there is no change in the number and number of times of transactions among the Defendants, and there is no change in the number of times of transactions and the number of conditions of transactions to trade it for the purpose of profit-making, and there is no change in the court below's sentencing and punishment against the Defendants.

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