logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.02.02 2016노3545
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment, confiscation) on the summary of the reasons for appeal is too unreasonable.

2. The lower court, in light of the circumstances favorable to the Defendant, sentenced to imprisonment, which set the term of punishment close to the lower limit of the recommended sentencing guidelines in accordance with the Supreme Court’s sentencing guidelines, taking into account the following: (i) the Defendant’s partial commission of a crime; (ii) the Defendant committed the instant crime during the period of repeated crime after having been sentenced to a punishment for the same kind of crime; and (iii) the Defendant’s parent-child wanted to commit a crime; and (iv) the Defendant appears to have been growing in an poor environment; and (iii) the Defendant’s mother-child appears to have been developing in an poor environment.

The lower court’s determination on sentencing appears to have been made within the reasonable discretion, taking into account the following factors: the Defendant’s age, environment, motive and background, means and consequence of the commission of the instant crime; and in particular, if the previous crime, which was sentenced to the imprisonment of one year and six months, was 4g sale of marijuana, 1g free delivery of marijuana, and 5 times of marijuana, two times more than the Defendant’s previous crime, which was committed in the court of first instance, led to the Defendant’s confession of some of the crimes set forth in the lower court’s judgment; and even if the Defendant’s mother’s health is not good, it cannot be deemed that the two-year punishment imposed by the lower court on the instant crime (a total of 2 times more than 140gs of marijuana, 15gs of marijuana, 12.53gs of marijuana, and 5gs of marijuana), is unreasonable due to the fact that the two-year punishment imposed by the lower court was excessive compared to the Defendant’s responsibility.

The defendant does not accept the defendant's unfair argument in sentencing.

3. Accordingly, 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 without merit. It is so decided as per Disposition by the court below.

arrow