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(영문) 의정부지방법원 2020.01.09 2019노2780

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Sentencing (the original court shall be sentenced to one year and six months, and the additional collection of 400,000 won);

2. The lower court determined the sentence by comprehensively taking into account the following circumstances and the matters stipulated in Article 51 of the Criminal Act. A person under way: A person to be tried to commit a crime, etc. during a large number of criminal records of the same kind and the period of repeated crimes of the same kind: (a) the amount of confessions and handled narcotics is not large; and (b) the health conditions are not good; and (c) the reason for the sentencing of the Defendant during the period of punishment alleged in the trial is that the lower court already determined the punishment, and the judgment of the lower court is not deemed to have exceeded the reasonable scope

In addition, there are no circumstances to determine that the conditions of sentencing were changed in the trial, so it is reasonable to respect the sentencing of the court below.

Therefore, we cannot accept the defendant's argument during the sentencing.

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.