마약류관리에관한법률위반(향정)
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment of one year and six months, confiscation, additional collection, Defendant B: imprisonment of 10 months, fine of 600,000 won and additional collection) of the lower court 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 in the appellate
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015) In light of the foregoing legal doctrine, the lower court appears to have determined the sentence by comprehensively taking into account the various circumstances, such as the criminal records of the Defendants, as stated in its reasoning, and there is no new circumstance to change the sentence of the lower court in the trial. In addition, considering all the sentencing factors indicated in the instant argument, including the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the lower court’s sentencing is too large and thus, cannot be deemed to have exceeded the reasonable scope of discretion.
Therefore, the Defendants’ assertion is groundless.
3. In conclusion, the Defendants’ appeal is without merit. Thus, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.