logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.09.10 2020노690
마약류관리에관한법률위반(대마)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a fine of KRW 7 million on the basis of the principal sentence) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In the judgment-related crimes involving narcotics, etc., it is not easy to detect them due to their characteristics, and the risk of recidivism is high, as well as the negative impacts and harm on the society as a whole due to their decliability, toxicity, etc.

Around 2012, the Defendant had been sentenced to the suspension of indictment for a violation of the Act on the Control of Narcotics, Etc. (mariana).

However, while both the Defendant took the view of recognizing and reflecting all of the instant crimes, the Defendant again took the view that he will not be able to own the narcotics.

On June 28, 2019, after the instant crime, the Defendant was suspended from indictment on the condition of leading the probation office for the same crime, but the period of leading six months has expired without recommitting the crime or violating the code of practice.

The number of times the defendant smokes marijuana and the amount of it are relatively large.

There is no history of punishment of a fine or heavier for a defendant.

In full view of the following circumstances: (a) the Defendant’s age, character and conduct, environment, family relationship, health status, motive and circumstance of the crime, means and consequence of the crime; and (b) the sentencing of the lower court is too heavy or less than the reasonable scope of discretion; and (c) thus, it is reasonable to respect the sentencing of the lower court.

Therefore, the defendant and prosecutor's argument are without merit.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow