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(영문) 서울고등법원 2019.06.20 2019노639
마약류관리에관한법률위반(대마)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant) is unfair because the sentence imposed by the court below (three years of imprisonment, confiscation, and collection) is too unreasonable.

2. The summary of the instant crime is as follows: (a) the Defendant conspired with “B” to import marijuana approximately 455 g; (b) smoked marijuana over four occasions; (c) possession of marijuana and psychotropic drugs self-shot (alkrade) respectively; and (d) opening the entrance of the detention room, and thereby, damaged public goods by getting out of the toilet windows, etc. located in the place of the storage room.

Recently, in order to protect society and its members from narcotics crimes rapidly expanding internationally and systematically, it is necessary to strictly cope with the import activities of narcotics, such as the instant crimes.

The imported marijuana by the defendant is about 455g and has a significant size.

The defendant, without being able to do so, smoke marijuana more than once, possessed narcotics, and damaged public goods at the detention room of the police station immediately after the arrest of the suspect for carrying marijuana.

The nature of the crime of this case, which is shown in the method, frequency, etc. of such crime, cannot be deemed to be negligible.

The above is the circumstances unfavorable to the defendant.

On the other hand, the defendant had committed all crimes.

The defendant's secret marijuana was all seized and actually distributed.

There is no record of criminal punishment exceeding the same kind of crime or fine.

The above is the circumstances favorable to the defendant.

As above, comprehensively taking account of the circumstances revealed in the records and arguments of this case, such as the Defendant’s age, character and conduct, family environment, social career, and circumstances after the crime, together with the factors favorable or unfavorable to the Defendant, it cannot be deemed that the sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

The above argument by the defendant cannot be accepted.

3. The Defendant’s appeal cannot be accepted.

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