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(영문) 서울고등법원 2020.01.22 2019노2605
마약류관리에관한법률위반(대마)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the court below on the defendant (limited to eight months of imprisonment, confiscation, and collection) is too unreasonable.

2. In the case of narcotics crimes, etc., it is not easy to detect due to their characteristics, and the risk of recidivism is high, and there is a high need to punish them as crimes that have serious adverse effects on society as a whole, such as avoiding the body and mind of people due to their cryptability, toxicity, etc.

The Defendant purchased at least twice merpopics (the name “copon”; hereinafter referred to as “copon”) on two occasions, and administered copon three occasions with a person living together or together with a person living together, and smokes marijuana once in a short period. In light of the volume of narcotics handled by the Defendant, or the method and content of the commission of the crime, etc., the crime is not good.

On May 19, 2017, the Defendant was sentenced to a suspended sentence of six months due to a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. on the Punishment of Arrangement of Commercial Sex Acts, etc., and committed each of the instant crimes without being familiar with the suspended sentence period.

However, all of the crimes of this case are recognized by the defendants, and their errors are often divided.

The Defendant appears to have purchased and administered narcotics, etc. at a simple stage of defense, and did not distribute them in the market.

A considerable amount of philophones purchased by the defendant was seized before they are used for medication.

Defendant has no criminal record of the same kind with respect to narcotics, and has no record of imprisonment with prison labor even for a crime of the same kind.

The Defendant shows a strong desire to keep the harm and injury of narcotics, voluntarily receive hospital treatment, and receive education at Q institution. The Defendant’s mother, live-in partner, and sinctates the Defendant’s wife, and the social ties seems to be relatively clear.

In addition to the above various circumstances, the defendant's age, character and behavior, environment, family relation, motive and circumstance of the crime, and circumstances after the crime are committed.

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