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(영문) 서울고등법원 2020.09.10 2020노119
마약류관리에관한법률위반(대마)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment and three years of suspended execution) is too unreasonable.

2. Where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court as an appellate court.

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Narcotics-related crimes are not only easy to detect by nature, but also have a high risk of recidivism, but also have a significant negative impact on the society as a whole due to harm to the health of the people and decliability and toxicity.

The defendant received and purchased marijuana and ls at the sea, smoked them over several times, administered ls, and there are many kinds of marijuana and lsD possessed by the defendant.

Moreover, even if the defendant's police statements were not prosecuted, the defendant seems to have smoked marijuana for a considerable period without any particular warning. The part of the known drugs held by the defendant was confirmed to be Alfastro (d. (d.) and DNA d. (d.). In the defendant's hair, the defendant's hair was detected (main ingredients such as opium), ambin (main ingredients such as opium), ambane, and cocars.

However, the fact that the defendant recognizes all of the crimes of this case and reflects his mistake, and that the defendant has no record of criminal punishment in the Republic of Korea shall be considered as favorable circumstances.

In light of the above legal principles, the circumstances alleged by the Defendant as an element of sentencing are already revealed to have been revealed in the hearing process of the lower court, and there is no particular change of circumstances in the matters subject to sentencing after the lower court was sentenced.

In addition, various kinds of sentencing shown in the records and arguments, such as the defendant's age, occupation, character, conduct and environment, means and result of the crime, motive of the crime, circumstances after the crime, etc.

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