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(영문) 수원고등법원 2020.04.23 2020노10
마약류관리에관한법률위반(대마)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. Determination: (a) the Defendant was equipped with various facilities for the purpose of selling and buying marijuana from February 2019 to August 2019; (b) the Defendant posted an advertisement of hemp from D’s Dac Web (hereinafter “D”) to June 8, 2019; (c) the Dac Web website (hereinafter “C” or “D”); and (d) sold marijuana over 21 occasions through the Dac Web (hereinafter “C”); and (d) sold it to the friendly U.S.; and (c) delivered marijuana free of charge on five occasions; and (d) the Defendant smoked marijuana in light of the circumstances, details, and result of each of the instant crimes; (d) the offense was highly adverse to individuals and society as a whole; and (e) the Defendant’s most recent rapid internationalized narcotics-related crime and its members should be encouraged to take measures against the Defendant’s sale of marijuana; and (e) the Defendant’s sale of marijuana during a relatively unfavorable period of time; and (e) the Defendant’s sale of marijuana.

However, considering the circumstances favorable to the Defendant and the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion, such as the Defendant’s confession of all of the crimes in this case and the Defendant’s confessions, without any criminal records, and the Defendant’s family members or prisons desire to take the Defendant’s wife against the Defendant, and other conditions, etc. of sentencing as indicated in the argument in this case, it is deemed that the lower court’s punishment is too heavy or unreasonable.

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