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(영문) 서울고등법원(춘천) 2020.10.14 2020노90

마약류관리에관한법률위반(대마)등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment, etc.) is too unreasonable;

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized each of the instant crimes; (b) the victims of a traffic accident did not relatively heavy; (c) the victims paid insurance proceeds to some of the victims; and (d) the victims did not want to be punished.

On the other hand, each of the crimes of this case is disadvantageous to the defendant, even though the defendant had been sentenced to a suspended sentence of imprisonment or imprisonment for the same kind of crime such as smoking or taking in marijuana, he again committed the crime of this case, even though he had been sentenced to imprisonment for the same kind of crime such as the possession of marijuana and smoking, and was sentenced to imprisonment for drinking driving, etc., even though he had been sentenced to imprisonment for the same crime of this case, he committed each of the crimes of this case during the period of repeated crime.

In addition, considering the following circumstances, the sentence of the lower court is within the scope of the recommended sentence according to the sentencing guidelines (from August to February 9), the fact that there is no change of circumstances that the sentence should be different in this court, and other various sentencing factors as shown in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the lower court is too unreasonable.

3. As such, 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.