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(영문) 서울고등법원 2020.06.12 2020노261
마약류관리에관한법률위반(대마)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

A. The sentence imposed by the prosecutor by the court below (two years and six months of imprisonment, additional collection of KRW 613,500) is too unhued and unreasonable.

B. The above sentence imposed by the court below on the defendant is too unreasonable.

Judgment

It is necessary to punish narcotics-related crimes in a strict manner by strictly coping with the negative impacts on society due to the harm to public health and the wide sense and toxicity.

The crime of this case was committed by importing ls with strong slD with the intention of selling them to others, possessing them for the purpose of selling marijuana 178.4g, and directly smoking marijuana, and thus, the nature of the crime is not weak.

These points are disadvantageous to the defendant.

However, on October 14, 2019, after the sentence of the first instance judgment against accomplice B, the Defendant entered the Republic of Korea to recognize all of the crimes of this case from the investigative agency to the court of this Court, and seriously reflects the Defendant’s mistake.

It can not be seen that the amount of three mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-

The defendant is still the 20th young age who has no criminal power, and even if he/she is residing in Japan for a long time, he/she can faithfully perform his/her duty of national defense by entering the military forces of the Republic of Korea.

These points are favorable to the defendant.

In addition, comprehensively taking account of the defendant's occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as well as the sentence finalized against accomplice B (two years of suspended execution in June, 200, three years of probation, and two years of probation), the sentencing of the court below is too unreasonable, and it is more appropriate to give the defendant an opportunity to live a normal life rather than a long-term isolation from society according to severe punishment.

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