마약류관리에관한법률위반(향정)등
The defendant's appeal is dismissed.
1. Summary of the grounds for appeal [the judgment of the court below No. 1. 1]
A. The punishment of imprisonment for the crime is too unreasonable, 2 years, 1. b. e. the crime and 2. b. e. the crime, 3. the crime, 2 years of imprisonment, Chuncheon District Prosecutors' Office Nos. 1 through 7 (except appraisal consumption), 524 of the evidence No. 524, 2,103,00 of pressure).
2. Determination
A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.
However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.
In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.
In the absence of such exceptional circumstances, it is desirable to respect the first instance sentencing determination (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) In most cases, the circumstances asserted as favorable factors in sentencing in the trial of the lower court, including the fact that the Defendant is divided into crimes, and the Defendant does not repeat the crime, and his/her family members are able to pay back the amount of attention, etc.
In particular, according to the results of the fact-finding on the Chuncheon District Public Prosecutor's Office, it is recognized that the defendant actively cooperated in the investigation, such as informing the upper party of the fact, but such fact seems to have already been reflected in the sentencing of the lower court, and it was denied by the lower court in the trial.
d. 2017.