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(영문) 서울고등법원 2017.09.01 2017노1474
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a 3 years of imprisonment with labor for Defendant A, confiscation, additional collection, Defendant B’s imprisonment with labor for one year, and additional collection) is too unreasonable.

2. Determination

A. Each of the crimes of this case committed by Defendant A is a matter of giving and receiving marijuana over several times as a de facto intermediate delivery book by Defendant A, and holding, as a price, Mexatopians, and issuance of Mexatoptopians, and smoking the hemp, and delivering it to others, free of charge, once every six months.

The crime related to narcotics, such as the crime of this case, is likely to cause serious adverse effects on society as well as to avoid the body and mind of an individual addict due to the high addiction and dissemination of the crime of this case.

The lower court takes into account the following factors: (a) Defendant A was sentenced to a suspended sentence of one year for a special larceny, etc. on April 8, 2015 and committed the instant crime during the grace period; (b) Defendant A has no criminal record of the same kind; (c) Defendant A did not have any criminal record of the instant crime; (d) Defendant A received narcotics from high risk of recidivism; (e) Defendant A received not only ccars but also meccars and meccars; and (e) handle various narcotics, such as ccars and marijuana; and (e) Defendant A was sentenced to a suspended sentence of one year for a reason of special larceny on April 8, 2015; and (e) Defendant A was led to the confession and reflection of all of the instant crimes; and (e) Defendant A did not have any criminal record of the same kind; and (e) Defendant A was given knowledge that it was a final and conclusive mental drug that falls under Article 2 subparag. 3 (a) of the Narcotics Control Act at the time of giving and receiving theories on Stockholm.

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