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(영문) 수원고등법원 2019.10.30 2019노228
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, confiscation, collection of penalty, etc.) of the lower court is excessively unreasonable;

In particular, the defendant only possessed marijuana to smoke in a mixed person, and it is unreasonable for the court below to consider that the defendant possessed marijuana with another person for the purpose of smoking it as an unfavorable sentencing condition.

2. The judgment is the most favorable condition to the defendant that the defendant was aware of his criminal act and reflects his criminal act, and that the marijuana purchased by the defendant is relatively small.

However, narcotics-related crimes are not likely to be exposed due to their characteristics, and they are highly harmful crimes that cause not only individuals but also society due to their decryptability and toxicity.

Before committing the instant crime, the Defendant committed the instant crime without being aware of, even though he was sentenced to a suspended sentence of 8 months of imprisonment with prison labor at the Seoul Southern District Court on October 13, 2017, and was in existence for the suspended period of 2 years, committed the instant crime without being aware of.

The Defendant tried to smoke with a third party, not only in a mixed smoking of the hemp purchased, but also in a way that the Defendant attempted to smoke with the third party.

[Defendant promised to smoke marijuana along with a police officer who pretended to be a female on March 12, 2019, in the vicinity of the lusium. On the same day, the Defendant was arrested while carrying marijuana in the lusium (see, e.g., Articles 15 through 30, 40 through 41 of the Evidence Records). Such circumstances are disadvantageous to the Defendant.

In addition to these circumstances, there is no change in circumstances to change the sentence of the lower court in the trial, and the following factors are comprehensively taken into account the following factors: Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

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