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(영문) 서울고등법원 2020.06.05 2019노2816
마약류관리에관한법률위반(대마)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 1, 2, 4, 5, 10 to 18, 21, 21.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (three years of imprisonment, confiscation, and collection) is too unreasonable;

2. In the case of the judged narcotics-related crimes, it is not easy to detect them due to their characteristics, high risk of recidivism, and high negative impacts on society as a whole, such as avoiding human body and mind due to toxicity and radio wave, etc.

In particular, it is highly likely that smuggling imports are likely to cause additional crimes due to the proliferation of narcotics, etc., and there is a high need to punish them.

On May 9, 2019, the Defendant committed each of the instant crimes even though he was sentenced to a suspended sentence of three years for a violation of the Act on the Control of Narcotics, Etc. (mariju) at Seoul Southern District Court on May 9, 2019, while being sentenced to a suspended sentence of four years.

On the other hand, in light of the circumstances such as there is no evidence that the defendant distributed marijuana imported by him, there is room to view that the defendant's import of marijuana of this case was for personal use.

The defendant reflects his criminal act, and the family members of the defendant wanted to keep the defendant's prior wife.

In addition, it is necessary to consider that the above suspension of execution becomes null and void after the judgment becomes final and conclusive, and not only the punishment finalized by this judgment but also the punishment for the above three-year imprisonment suspended to the defendant.

In addition, considering the age, character and conduct, environment, etc. of the defendant, the sentence of the court below is deemed to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[C] The criminal facts of the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

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