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(영문) 대구지방법원 2020.08.26 2020노851

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It is recognized that a defendant confessions and reflects against himself/herself.

However, in full view of the circumstances revealed in the records and arguments, including the fact that the Defendant had a majority of criminal records of drug crimes, and repeatedly committed the crime in this case during the same repeated period, and there is no change of circumstances that could reduce the sentence of the court below at the time of the trial, as well as the circumstances that led to the Defendant’s crime in this case, the sentence imposed by the court below against the Defendant is not severe

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.