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(영문) 서울중앙지방법원 2014.12.04 2014노3817
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years of suspended sentence for eight months of imprisonment, two years of suspended sentence, and 1.2 million won of additional collection) is too unreasonable.

2. In full view of the circumstances such as the confession and reflect of the Defendant’s judgment as to the grounds for appeal, the fact that there is no previous convictions in the same kind, etc., but the amount of the accepted marijuana is large, and the Defendant’s act of controlling marijuana together with his co-offenders at his own or his house, the lower court’s punishment imposed on the Defendant is unreasonable, and thus, the Defendant’s assertion is rejected.

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

[However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, Article 61 (1) 6, Article 3 subparagraph 10 (a), Article 4 (1) 2 (the point of receiving marijuana), Article 61 (1) 4 (a), Article 3 subparagraph 10 (a), and Article 4 (1) 2 of the Narcotics Control Act, Article 30 (1) 6, Article 4 (1) 2 (the point of receiving marijuana) of the Criminal Act, Article 61 (1) 4, Article 61 (1) 4 (a) and Article 30 (the point of receiving marijuana) of the Criminal Procedure Act, Article 61 (1) 4 (a) and Article 3 (10 (a) of the Narcotics Control Act, Article 30 (the fact that the judgment of the court below is corrected because it is a smoking item) of the Criminal Act.

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