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(영문) 서울고등법원 2018.12.05 2018노2052
마약류관리에관한법률위반(대마)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Seized hemp 44.9g (Seoul Central District Public Prosecutor's Office.)

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an imprisonment of three years and six months, confiscation, and collection KRW 110,00) is too unreasonable.

2. The judgment is not easy to detect narcotics in light of their characteristics, and there is a great need to eradicate the adverse impact of the society on the body and mind of individuals, such as impairing the health of the people or inducing additional crimes. In particular, the crime of importing marijuana constitutes a serious crime because it is highly likely to cause the spread of narcotics in Korea. The defendant, knowing the seriousness of the crime, was involved in the act of importing marijuana on two occasions with knowledge of the importance of the crime, and was in part of the imported marijuana distributed during the time. In addition, the amount of the hemp actually imported is reasonable, and the defendant paid a short term payment on behalf of the victims who were aware of a certain amount of money in return, and acquired a mobile phone of about 10 million won in total by deceiving them, and the defendant again committed the crime of violating the Electronic Financial Services Act even though he was sentenced to a fine for the same kind of crime.

However, on November 6, 2017, the defendant recognized the crime of violation of the Act on the Control of Narcotics, Etc. (marijuana) by the import of marijuana and gave rise to the judgment of the court below to the point that the court below made a confession of all the crimes that the court below found guilty. The court below agreed in the judgment of the court below only P, T, and Z among the fraudulent victims, and the remaining victims of the fraud do not want to be punished against the defendant in the judgment of the court below, and the defendant's parents want to have his wifed the defendant.

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