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(영문) 대구지방법원 2021.03.10 2021노137

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of 10 months, the additional collection of 100,000 won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant reflects his/her mistake, and that the Defendant voluntarily surrenders himself/herself to the crimes of medication.

However, although the Defendant had been sentenced to imprisonment due to the crime of narcotics, he repeated the crime of narcotics in the event of repeated crime during the period of repeated crime.

The judgment of the court below, which fully reflects the favorable circumstances for the defendant, sentenced the lowest sentence of the recommended punishment based on the sentencing guidelines. Since the judgment of the court below was rendered, there are no special circumstances or changes in circumstances that may be newly considered in the sentencing, as well as other factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, occupation, family relation, criminal record, criminal history, etc., the sentence of the court below is not heavy

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.