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(영문) 서울고등법원 2020.09.02 2020노1169
마약류관리에관한법률위반(대마)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for five 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 (at least three years 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 smoked marijuana 2 times, used cocars once, and administered MDMA (the name "EXP"; hereinafter referred to as "EXP") 1 eggs.

In addition, a large quantity of coaches and X-gu enter the Republic of Korea, and the crime is not good in light of the amount of narcotics handled by the defendant or the details of the crime.

These points are disadvantageous to the defendant.

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

From the early stage of the investigation, cooperation was made in the investigation by stating the personal information of the person who ordered the importation of the cocar and the X-gu.

All narcotics imported by the defendant were confiscated and distributed in Korea, and the defendant does not seem to have imported narcotics to sell them by himself.

The defendant has no record of crime due to the initial crime, the parent of the defendant has been leading of the defendant who committed a crime at a young age, and the defendant also promises to live without committing a crime in the future.

In full view of the above factors of sentencing as well as the age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, all of the sentencing conditions shown in the argument of this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. If so, the defendant's appeal is justified.

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