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(영문) 서울고등법원 2020.07.22 2020노799
마약류관리에관한법률위반(대마)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

marijuths contained in seized transparent spaws.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the court below on the defendant ( Imprisonment with prison labor for a period of one year and six months, 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.

The defendant has sold marijuana over 43 occasions, and some of them have smoked, and in light of the quantity of narcotics handled by the defendant, the nature of the crime is not good.

These points are disadvantageous to the defendant.

However, all of the crimes of this case are recognized by the Defendant, and their errors are divided and reflected.

In light of the fact that the defendant's suspension of the trade of marijuana by a person, the risk of recidivism is not high, and cooperation was made in the investigation of narcotics such as the statement of his accomplice's personal information at the investigation stage.

In addition, there is no record of the same crime and there is no possibility to commit the crime in the future.

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. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;

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