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(영문) 서울고등법원 2018.11.30 2018노2411
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the reasons for appeal (unfair sentencing) decision of the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

The lower court, under the circumstances favorable to the Defendant, determined a punishment within the scope of the recommended sentence by the sentencing sentencing guidelines of the Supreme Court, taking into account the following factors: (i) narcotics crimes were committed not only to avoid the body and mind of an individual, to harm the health of the people, to high possibility of leading to other crimes, and to high possibility that they might have been distributed prior to the game area, etc.; (ii) marijuana sold by the Defendant was realized; (iii) the nature of the crime was very poor in light of the quantity and distribution method of marijuana handled by the Defendant; and (iv) the fact that the Defendant had been subject to three times criminal punishment; and (iii) the fact that the Defendant recognized all of the instant crimes and reflected against the Defendant.

The sentencing of the court below seems to have been determined appropriately by fully taking into account the above various circumstances, and there is no special change in circumstances that are different from the sentencing conditions of the court below until the trial is held.

In light of the fact that the family members and the branch members of the defendant want to be the wife of the defendant, and other various sentencing conditions as shown in the arguments, such as the defendant's age, sexual conduct, environment, family relation, criminal records, criminal records, circumstances after the crime, and the result, it cannot be deemed that the sentence imposed by the court below is too unreasonable to avoid the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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