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(영문) 서울고등법원 2020.01.30 2019노2496
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Part 2 of the judgment of the court below, part 14 of the judgment of the court below shall be deemed to be a "defensive", and part 2.

Reasons

1. The summary of the grounds for appeal (limited to imprisonment for two years and six months, suspended execution for three years, probation, community service, 120 hours, 40 hours during the class of narcotics therapy, confiscation) declared by the court below is too unreasonable.

2. The summary of the instant crime is as follows: (a) the Defendant: (b) deposited 7 marijuana carcopiers in a travel room at an international port in the U.S. LA; and (c) imported 7 marijuana carcopiers by boarding the aircraft and arriving at the Incheon State’s port of delivery.

The defendant shows his attitude to confession and reflect in depth the crime of this case.

The Defendant purchased marijuana mileage by legally receiving a prescription from a doctor in order to treat the depression and scarcity in the United States.

The 7 marijuana mileages imported by the defendant were all seized and distributed.

At present, the defendant is able to look at the mother who is difficult to move in spine with a long-term stay certificate issued in the immigration office.

The defendant has no history of criminal punishment in the Republic of Korea.

The above is the circumstances favorable to the defendant.

On the other hand, narcotics-related crimes are not likely to be exposed due to their characteristics, but they have a negative impact on society as a whole due to their decentralization and toxicity as well as high risk of recidivism.

In particular, because the importation of narcotics is highly likely to cause additional crimes due to the proliferation of narcotics and the spread of narcotics, there is a need for strict punishment.

The content of the Kanabage (THC) imported by the Defendant is about 45%, the main ingredient of the maribage, in the maribage, which is the maribage. It seems that the maHC is very strong, and it would be a substantial quantity when converting it into weight.

The above is the circumstances unfavorable to the defendant.

The above circumstances, the age, character and conduct, environment, etc. of the defendant, all of the sentencing conditions shown in the argument of this case, and the sentencing guidelines of the Supreme Court sentencing committee.

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