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(영문) 서울고등법원 2015.04.02 2014노3828
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the court of first instance to the summary of the grounds for appeal (one hundred months of imprisonment, two years of suspended sentence, two years of additional collection) is too unreasonable.

2. Considering the fact that a crime related to narcotics, etc., such as spawn marijuana, is highly likely to cause serious harm to the individuals concerned and society as well as to cause serious harm due to its toxicity, etc., the Defendant should be punished strictly.

However, in light of all the circumstances such as the defendant's age, character and behavior, occupation and environment, motive, means and method of crime, result and circumstances after committing the crime, etc., the recommended type ① Violation of the Act on the Control of Narcotics, etc. from the Trading of 1 Criminal, falls under the category 2 (b), c. and 3 (c., etc.) of the "Act on the Control of Narcotics, etc. from the Trading of 1 Criminal" in the Sentencing sentencing guidelines, since considering the following factors: (a) The sentencing guidelines of the Sentencing Committee is recommended type 1 of the "Act on the Punishment of Narcotics, etc. from the Trading of 1 Criminal" (a special mitigation type: 2) since the defendant has no criminal history in the Republic of Korea; (b) the defendant has actively cooperated in the investigation process; and (c) the amount of purchased marijuana is limited to 2g or less; and (c) the scope of imprisonment with prison labor for a maximum of 6 months or more; and (b) the scope of imprisonment with prison labor for the punishment of 8 months or more than 6 months.

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