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(영문) 서울고등법원(춘천) 2020.11.18 2020노99
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (one year of imprisonment, two years of suspended execution, 40 hours of probation and pharmacologic treatment, and 2,260,000 won of an order to attend a lecture) is too unreasonable;

2. The following facts are favorable to the Defendant: (a) the Defendant recognized all of his/her criminal acts; (b) the Defendant has no record of criminal punishment except for the sentence of a fine once; and (c) the Defendant appears to have smoked by himself/herself and not delivered the purchased marijuana to another person.

However, on the other hand, the crime of this case is likely to have a serious adverse effect on society as a whole, such as that the defendant purchased marijuana over three times and smoked over thirty-five times, and that the frequency of the crime is very high, and the crime related to narcotics is likely to evade the body and mind of an individual due to their cryptability, gravity, and radio wave, and that it is likely to cause harm to the health and social safety of the people, and thus, is likely to cause serious adverse effects on society.

As above, the sentence of imprisonment for a limited term of not less than one year is stipulated in the statutory punishment for the crime of buying marijuana, and the court has no special change in circumstances that would vary in the punishment, comprehensively taking into account the following factors: the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s sentence is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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