logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원고등법원 2020.10.21 2020노520
마약류관리에관한법률위반(대마)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The punishment imposed by the lower court (two years of imprisonment, etc.) is excessively unreasonable.

B. The lower court’s above sentence is too unhued and unreasonable.

2. The Defendant was in the first instance trial, and all of the crimes of this case are recognized, and the Defendant shows an attitude against the Defendant.

It is difficult to see that the defendant committed a crime of distributing narcotics in a systematic manner.

It seems that there is no history of punishment against the defendant for the same crime, and social ties are relatively clear, such as family members of the defendant want to take the defendant's preference.

On the other hand, each of the crimes of this case is not good for committing such crimes as growing, possessing, selling, and smoking marijuana over two occasions, etc., with about about 85.8g of marijuana possessed by the defendant.

The narcotics crime is not easy to detect due to its characteristics, and the risk of recidivism is high, but it is a serious crime that has a high negative impact on the society as a whole due to decryability, toxicity, etc. and requires strict punishment.

The Defendant committed each of the crimes of this case during the period of repeated crime due to the crime of indecent act by compulsion.

In full view of the following circumstances as well as the Defendant’s age, character and conduct, environment, family relationship, motive and background, means and consequence of the crime, and the circumstances after the crime, it is not determined that the sentence of the lower court is too somewhat weak or unreasonable.

The defendant and prosecutor's argument cannot be accepted in entirety.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the Defendant and the prosecutor are without merit.

arrow