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(영문) 수원지방법원 2019.09.27 2019노3754

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (one year of imprisonment, confiscation, and collection) by the lower court is too unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below 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). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.

The circumstance that the defendant asserts as the reason for appeal (such as the conflict of interest, cooperation in investigation, etc.) seems to have already been considered in the sentencing process of the court below.

In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.

In full view of the following factors: (a) the Defendant is not only during the period of suspension of execution due to the same crime; (b) the Defendant committed each of the instant crimes during the period of repeated crime due to a different type of crime; and (c) the Defendant’s character, conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime are considered as the grounds for appeal, even if considering the circumstances cited by the Defendant as the grounds for appeal, the lower court’s sentence is too unreasonable beyond the reasonable

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