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(영문) 청주지방법원 2020.01.31 2019노1587

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the crime No. 1-A, B of the original decision: Imprisonment with prison labor for six months, the crime No. 1-C, D, E, F: Imprisonment with prison labor for one year, and additional collection) declared by the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.

The lower court sentenced the Defendant to a punishment by taking into account the favorable and unfavorable circumstances of the Defendant.

In full view of various circumstances and narcotics crimes presented by the court below, it is not easy to detect due to their characteristics, and the risk of recidivism is high, and there is a serious negative impact on the society as a whole due to decryptability, toxicity, etc., and the frequency of crimes such as three times in total and three times in total, and three times in total, and the number of times in which crimes such as purchase, use, delivery, etc., circumstances after the crime, Defendant’s age, character and conduct, environment, etc., the sentencing judgment of the court below is too heavy beyond the reasonable limit of its discretion.

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