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(영문) 춘천지방법원 2019.05.03 2019노172

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. In the appellate court’s judgment, the victim D submitted a written application for non-guilty punishment against the defendant.

However, considering the nature of each of the crimes in this case, the circumstances leading up to the crime, and the risk of an innocent crime, it cannot be deemed that the application for not having filed a request for punishment D is a change in the situation to the extent of mitigation of punishment.

In addition, considering the conditions of sentencing as indicated in the records and arguments of this case and the reasons for sentencing of the lower judgment, even if considering all the circumstances alleged by the Defendant as the grounds for appeal, the lower court’s sentence cannot be deemed unreasonable.

Defendant’s assertion is not accepted.

3. Conclusion, pursuant to Article 364(4) of the Criminal Procedure Act, the defendant's appeal is dismissed. It is so decided as per Disposition.