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(영문) 서울고등법원 2017.04.20 2017노195
마약류관리에관한법률위반(마약)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (defendant A: imprisonment of three years and six months, confiscation, additional collection, Defendant B: imprisonment of three years and six months, and confiscation) is too unreasonable.

2. The lower court: (a) comprehensively considered the following factors: (b) the likelihood of recidivism is high; (c) the likelihood of causing the spread of narcotics and their additional crimes; (d) the Defendants conspired to import the ccarcos, ls, X-si, and marijuana, which are narcotics, from abroad; (d) the Defendants possessed ccars, ls, ls, X-si, and X-si, etc.; (e) the Defendants administered or smoked the ccars, ccars, and marijuana; (e) the amount of the narcotics imported by the Defendants is considerable in quantity; (e) the Defendants reflect and reflect the instant crime; (e) the Defendants actively cooperate in the investigation by providing the relevant criminal information; and (e) the Defendants were not subject to punishment or sentenced to punishment for the same kind of crime; and (e) the Defendants were not subject to criminal punishment in Korea; and (e) the motive, motive, and form of the instant crime; and (e) the motive, motive, and form of the sentencing guidelines.

When the sentencing of the lower court’s judgment is fully taken into account in the first instance court, the lower court’s judgment exceeded the reasonable bounds of discretion.

As there is no change in the sentencing conditions that can be deemed unfair to maintain the judgment of the court below as it is, the sentence of the court below cannot be deemed unfair because it is too large.

Therefore, we accept the defendants' unfair argument of sentencing.

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