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(영문) 서울고등법원 2020.09.11 2020노928
마약류관리에관한법률위반(대마)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the lower court (two years and six months of imprisonment, confiscation, and collection) on the Defendant 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 smokes marijuana over two occasions and imports marijuana, and in light of the quantity of the marijuana handled by the defendant or the details of the crime, etc., the crime is not good.

These points are disadvantageous to the defendant.

However, the Defendant recognized all of the crimes of this case, and is in depth divided and reflected in his mistake.

The whole amount of marijuana imported by the defendant was confiscated and not distributed, and the defendant has cooperateed in the investigation of narcotics by stating personal information, etc. of accomplices at the investigation stage.

In addition, the defendant has no record of committing the same kind of crime, and has to care for his two children alone as his father who is an exemplary father.

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] Criminal facts and summary of evidence recognized by this court are the same as that of the judgment below, and thus, Article 369 of the Criminal Procedure Act is applicable.

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