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(영문) 서울고등법원 2020.11.20 2020노1351
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal: The Defendant explicitly withdrawn the assertion of mistake of facts on the second trial date of the appeal.

The punishment sentenced by the court below (two years and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. In the case of narcotics crimes, etc., it is not easy to detect due to their characteristics, and the risk of recidivism is high, and there is a high need to punish them as crimes that have serious adverse effects on society as a whole, such as avoiding the body and mind of people due to their cryptability, toxicity, etc.

Even if the Defendant purchased a penphone from abroad and administered it several times, the Defendant carried it into Korea, and the Defendant seems to have stored a considerable amount of marijuana from 477g to 477g in his/her residence from time to time while smoking.

In addition, the defendant recommended co-defendant A as well as himself/herself to administer philophones imported closely by the court below.

These points are disadvantageous to the defendant.

However, all of the crimes of this case are recognized by the defendant, and their mistake is divided and reflected in depth, there is no criminal record of the defendant, the fact that the defendant does not seem to have sold narcotics imported by the defendant to many and unspecified persons, and the defendant's family members and siblings want to lead the defendant, and the fact that the defendant want to take a preference against the defendant is favorable to the defendant.

In full view of the above factors of sentencing as well as the age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, all of the sentencing conditions shown in the argument of this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. Accordingly, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the pleading is conducted.

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