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(영문) 서울고등법원 2014.11.20 2014노2451
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment (one year and six months of imprisonment, three years of suspended execution, probation, and an order to attend pharmacologic treatment courses, 40 hours of collection, additional collection) of the first instance court of the gist of the grounds for appeal is too unreasonable;

2. In the past, the Defendant committed the instant crime even though he had had had had the record of being punished several times due to the same kind of crime, such as being sentenced to suspended sentence for the same crime.

In addition, narcotics-related crimes are serious crimes that have great harm to society as a whole, and require severe liability to the defendant.

However, the first instance court has determined the scope of punishment (one year to 45 years of imprisonment) by comprehensively taking account of the defendant's age, character and conduct, criminal records, occupation, environment, etc., as well as the recommended sentencing guidelines set forth in the sentencing guidelines set by the Supreme Court of Korea Sentencing Committee 1.

(a)bed;

The scope of the sentencing guidelines for narcotics offenses in violation of the Act on the Control of Narcotics, Etc. by the Sale and Purchase of Cannabis constitutes "the basic area" in the sentencing guidelines for narcotics offenses since the scope of the sentencing guidelines falls under "the Gain (including the suspension of execution within the period of three years)" of "Class II (the Gain, the Gain (the Gain), the Gain (the Gain), etc. (the Gain)" (the Gain) and "the Gain (the Gain)" (the Gain), and "the Gain (the Gain)" of "the Gain (the Gain (the Gain)" of "the Gain (the Gain)" (the Gain (the Gain), thereby falling under the Gain (the Gain), thereby falling under the Gain (the Gain) and the Gain (the Gain) and the Gain (the Gain)" (the Gain).

(4) The upper limit of the amount of punishment for recommendations according to the standards for handling multiple crimes is higher.

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