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(영문) 대전고등법원 2020.06.12 2020노100
마약류관리에관한법률위반(대마)
Text

The defendants' appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment with prison labor for Defendant C and two years of suspended execution with prison labor for Defendant C) is too unreasonable.

2. The lower court, in light of the fact that narcotics-related crimes are likely to have a serious adverse impact on individuals and society as well as individuals, and thus need to eradicate, takes into account the circumstances that the Defendants’ liability is not less severe; the Defendants committed the instant crimes during the period of suspension of the execution of each of the separate crimes; the Defendants recognized and against all of the instant crimes; and the Defendants committed the instant crimes; and the Defendants did not have any record of punishment for the same drug crimes; and determined the Defendants’ punishment by taking into account the favorable circumstances, such as the Defendants’ age, character and behavior, environment, motive, means and consequence of the crimes, and the circumstances after the crimes.

In full view of the elements of the sentencing, the lower court’s sentencing determination is not deemed unfair because it goes beyond the reasonable limit of the discretion, and there is no change in the conditions of sentencing to be taken into account in the trial.

Defendant

B asserts that, in light of the fact that both persons involved in the instant crime were sentenced to the suspended sentence, the sentence for themselves is unreasonable. However, Defendant B, even though having been sentenced to the suspended sentence on October 16, 2013 due to a crime such as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes, he again committed a crime during the suspended sentence period, but was sentenced to a fine. On February 14, 2018, he was sentenced to the suspended sentence and was sentenced to imprisonment for a crime such as aiding and abetting the Special Act on the Prevention of Insurance Fraud on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment

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