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(영문) 서울고등법원 2019.06.20 2019노690
마약류관리에관한법률위반(대마)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (three years of imprisonment, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The summary of the instant crime is that the Defendant imported approximately 894.7 grams of hemp in the manner of arriving at the Incheon State’s port by putting four vinyl 4, which contained about 894.7 grams in the New Base of New High of the United States, in two bags for travel, and boarding on the aircraft and arriving at the Incheon State’s port of delivery.

Crimes related to narcotics are not easy to detect due to their characteristics, and the risk of recidivism is high, as well as negative effects on society as a whole due to decliability, toxicity, etc.

In particular, because the importation of narcotics is highly likely to cause additional crimes due to the proliferation of narcotics and the spread of narcotics, there is a need for strict punishment.

The instant crime was committed in a systematic and planned manner, and the Defendant participated in the instant crime in order to gain economic benefits.

The amount of marijuana imported by the defendant is reasonable.

The above is the circumstances unfavorable to the defendant.

On the other hand, the defendant shows the attitude to recognize and reflect the crime of this case.

The defendant seems to have participated in the crime of this case as a mere transportation charge.

All marijuana imported by the defendant were confiscated and not distributed in the market.

The defendant has no history of criminal punishment in the Republic of Korea.

The defendant seems to clearly have a family-related relationship.

The above is the circumstances favorable to the defendant.

In full view of the above circumstances, Defendant’s age, character and conduct, environment, and circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court Sentencing Committee, the lower court’s sentencing is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

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