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(영문) 서울고등법원 2018.08.10 2018노1487
마약류관리에관한법률위반(대마)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is a matter of delivering, selling, selling, selling, selling, selling, or smoking marijuana, and possessing a large quantity of marijuana, after the Defendant purchased, and then delivered, sold, or smoked, the Meet cancer, which is a local mental medicine.

The lower court, under the circumstances unfavorable to the Defendant, determined a sentence within the scope of the recommended sentence of the sentencing guidelines set by the sentencing committee of the Supreme Court, taking into account (i) the following factors: (a) the Defendant had been subject to punishment several times in the past narcotics-related crimes; (b) the Defendant has committed the same crime several times in a short period after release; (c) the Defendant made a confession of all of the instant crimes; and (d) the Defendant has been greed in depth and has cooperation in criminal investigations, such as: (a) the Defendant was able to escape from the body and mind of an individual; (b) the Defendant has harmed the body and mind of the individual; and (b) the Defendant has harmed the health of

The lower court’s sentencing seems to have been reasonably determined by fully taking into account the above various circumstances, and there is no change in circumstances that could be evaluated differently from the sentencing conditions of the lower court up to the trial. However, even if all of the factors of sentencing indicated in the arguments in the instant case, including the Defendant’s age, sex, environment, family relationship, motive for committing the crime, and circumstances after committing the crime, it cannot be deemed unfair since the lower court’s punishment against the Defendant is too unreasonable.

The defendant's argument of sentencing is not accepted.

3. In 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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