beta
(영문) 서울고등법원 2020.09.02 2020노1047

특정범죄가중처벌등에관한법률위반(향정)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment, confiscation, and collection) on the Defendant is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The lower court determined the Defendant’s punishment, taking into account: (i) the unfavorable circumstances; (ii) the fact that narcotics, including phiphones, etc. are highly harmful to individuals as well as society as a whole; (iii) the Defendant, holding a large quantity of phiphones and selling phiphones over several occasions to many people; (iv) the Defendant had a record of having been punished several times including punishment for the same kind of crime; and (v) the Defendant recognized all of the instant crimes under favorable circumstances.

Defendant

In addition, the grounds for unfair sentencing alleged by the prosecutor in the trial of the party are already considered by the court below in determining the defendant's punishment, and there is no special change in circumstances that this court has different assessment of the previous sentencing conditions.

In addition, even if the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc. are considered in all of the various factors of sentencing as shown in the arguments in this case, it cannot be deemed that the sentence of the court below against the defendant is too heavy or too unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is