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(영문) 서울고등법원 2017.06.21 2017노995
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, confiscation, additional collection KRW 22,00) is too unreasonable.

2. The judgment defendant recognized the crime of this case and is against his mistake, there are many criminal records, but there are no criminal records of the same kind, and there are family members to support the defendant, etc. favorable to the defendant.

However, the crime of this case was committed in a way that the defendant cultivates marijuana directly and traded it in exchange for philophones, and the crime of this case is highly likely to have serious adverse effects on society as a whole, such as medication of philophones or smoking and possession of marijuana several times, etc., and narcotics-related crimes are disadvantageous to the defendant.

In addition, in full view of the defendant's age, sex, health, environment, motive and circumstance of the crime, the means and consequence of the crime, all of the sentencing conditions as shown in the arguments in this case, and the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee, compared to the judgment below, in this case where there is no change in the sentencing conditions, the sentence of the court below against the defendant is too unreasonable.

The defendant's argument of sentencing is without merit.

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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