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(영문) 서울고등법원 2017.06.22 2017노669
마약류관리에관한법률위반(대마)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to Defendant A (one year of imprisonment, confiscation, and collection) is too unreasonable.

B. As to the crime of violation of the Act on the Control of Narcotics, Etc. due to misunderstanding of the fact or misunderstanding of the legal principles, punishment for an act of simple purchase without profit pursuant to Article 59(1)7 of the former Act on the Control of Narcotics, Etc. (amended by Act No. 14019, Feb. 3, 2016; hereinafter the same shall apply) is contrary to the principle of proportionality with the responsibility and punishment, and thus, there is a quid pro quo for an act of purchase for the purpose of simple medication as the above Defendant.

Even if Article 59(1)7 of the former Act on the Control of Narcotics, etc. is not Article 59(1)7, but Article 61(1)6 of the same Act shall be punished as “receiving.”

On the other hand, Defendant B purchased marijuana from Defendant A and delivered it to L upon request by L for the ing of marijuana, and there is no fact that Defendant B conspired with L to sell marijuana to M, and there is no fact that profit from the sale of L and marijuana was divided.

Nevertheless, the court below found Defendant B guilty of violation of the Act on the Control of Narcotics, Etc. by purchasing marijuana and selling marijuana. In so doing, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court to Defendant B (one year of imprisonment, two years of suspended execution, observation of protection, community service order, confiscation, and collection) is too unreasonable.

2. Judgment on the grounds for appeal

A. As to the Defendant A’s wrongful assertion of sentencing, Defendant A sold a total of 226.2g of marijuana over eight times between nine months.

In light of the amount, trading period, frequency of crimes, degree of statement by the prosecution, etc. of marijuana sold by the above defendant, it is inevitable to severely punish the defendant A.

However, the defendant A commits his crime in the court.

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