beta
(영문) 서울중앙지방법원 2020.07.30 2020노413

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than one year and six months, 14 to 4, 17, 20 to 23, and 200,000 won for confiscation) imposed by the court below is too unreasonable.

2. The lower court appears to have sentenced one year and six months to the Defendant, considering the fact that the Defendant could have been tried together with the same kind of crime that became final and conclusive on July 19, 2019 in favor of the Defendant, and that the Defendant’s family members want to take the Defendant’s wife, and considering the social harm of the narcotics crime, and the fact that the Defendant was released from prison by being sentenced to a suspended sentence of imprisonment for the same kind of crime under the unfavorable circumstances, and that the Defendant was not only one day from the date of release of the Defendant’

In light of the Defendant’s age, career, character and conduct, environment, family relation, health status, volume and frequency of penphones, motive and background of the instant crime, its means and consequence, circumstances after the instant crime, etc., the sentencing judgment of the lower court is deemed to have exceeded the reasonable bounds of discretion, or it is unreasonable to maintain the sentencing of the lower court, even in light of the circumstances where the Defendant cooperates in an investigation, such as informing another narcotics offender, and present the intention to cut narcotics.

Therefore, the sentence of the court below is proper, and it is not recognized as unfair because it is too unreasonable.

3. In conclusion, 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. It is so decided as per Disposition.