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(영문) 서울고등법원 2015.12.10 2015노2728
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment with prison labor (two years for imprisonment, confiscation and additional collection) of the first instance court shall be too unreasonable;

2. It should be acknowledged that the circumstances such as: (a) the Defendant had no record of punishment in Korea before the instant crime was committed; (b) the Defendant recognized all the instant crimes; and (c) the Defendant reflects his mistake; and (d) the considerable amount of marijuana cultivated by the Defendant was seized and has not been distributed during the search.

However, the crime of this case is a case where the defendant cultivated marijuana on several occasions after cultivating it with equipment such as lighting and ventilation for hemp cultivation, and the quality of the crime and the method of the crime are considerably poor in light of the purpose of the crime and the method of the crime. The amount of the marijuana cultivated and distributed by the defendant is not easy to detect due to its characteristics, and it is not easy to detect the crime of this case, and there are considerable negative impacts on society as well as on society as a whole, and other factors such as the defendant's power, the background of the crime of this case, circumstances before and after the crime of this case, the defendant's age, character and conduct, family relationship, and the scope of the recommended sentence in the sentencing guidelines established by the Sentencing Committee of the Supreme Court are considered, and it cannot be deemed unfair because the sentence of the first instance is too excessive compared to the degree of the defendant's responsibility.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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