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(영문) 서울고등법원 2018.04.19 2018노496

마약류관리에관한법률위반(대마)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (two years of imprisonment, confiscation and collection) is too unreasonable.

2. The lower court, as indicated in its reasoning, sentenced the above sentence to the Defendant on account of the fact that the sentencing was determined by the lower court, and the circumstances favorable to the sentencing alleged by the Defendant in the trial of a party are already considered in full while determining the punishment at the lower court, and in light of the past records of the crimes related to narcotics of the Defendant and the quantity of narcotics distributed by the Defendant, the lower court’s sentencing judgment exceeded the reasonable scope of discretion.

It does not seem that there is no particular change in the conditions of sentencing in the trial, and it is reasonable to respect the sentencing of the court below.

Therefore, the defendant's argument of sentencing is without merit.

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