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(영문) 서울고등법원 2018.01.11 2017노3144
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty imposed by the court below (one year of imprisonment, two years of observation of protection and conditional suspension of execution of education, additional collection) is unreasonable compared to the defendant's liability.

2. The lower court rendered a suspended sentence of imprisonment with prison labor equivalent to the lower limit of the applicable sentences under law, taking into account the following circumstances: (a) the negative impact of the crimes related to narcotics on society as a whole; (b) the frequency of the crimes by the Defendant has a large number of times; (c) the Defendant’s proposal for smoking to other persons is not good; (d) while considering the circumstances unfavorable to the Defendant, the Defendant led to the confession of the crimes; (e) the Defendant did not have the same criminal record; and (e) the investigation after the arrest; and (e)

Such determination of sentencing by the court below is reasonable within the scope of reasonable discretion, taking into account the following factors: the Defendant’s age, sexual conduct, environment, motive and background of the instant crime, means and consequence of the instant crime, and the circumstances after the commission of the crime. Considering the fact that the Defendant has grown in a relatively large foreign country to smoke in marijuana, and that the Defendant’s imprisonment with prison labor for not less than one year has become final and conclusive for C who sold marijuana several times, it shall not be deemed that the sentence imposed by the court below is too unreasonable.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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