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(영문) 서울고등법원 2017.05.24 2017노46
마약류관리에관한법률위반(대마)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment, additional collection KRW 250,000) is too unreasonable.

2. The Defendant recognized all of the instant crimes, and is against his mistake, and the Defendant sent time that the parents, at the time of Greening, have been able to return to a long time due to a espionage crime, etc., and the Defendant was sentenced not guilty in the retrial procedure, and this would stop committing the instant crime and live a normal life.

It is favorable to the defendant, such as the fact that the defendant's investigation is in progress, and that another narcotics offender is arrested as a result of the defendant's cooperation.

However, there is a high possibility that narcotics-related crimes may cause serious harm not only to the individual, but also society as a whole. The defendant has been sentenced to imprisonment nine times with prison labor for the same kind of crime, and most of the same kind of power are committing the crime of medication again within the repeated crime due to the smoking of marijuana, etc., and the crime of this case also purchased a penphone or marijuana within the repeated crime period and administered or smoke it, and the crime is very poor for the defendant to be committed.

In addition, comprehensively taking account of the defendant's age, sex, health, environment, motive and circumstance of the crime, the means and consequence of the crime, all of the sentencing conditions shown in the arguments in this case, such as the circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee, it is not recognized that the sentence of the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

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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