beta
(영문) 수원고등법원 2019.11.21 2019노144

마약류관리에관한법률위반(대마)

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (one year and six months of imprisonment and three years of suspended execution, etc.) is too unreasonable.

Judgment

If there is no change in the conditions of sentencing compared to the original judgment in the appellate court, and the sentencing of the original court is not beyond the scope of reasonable discretion, it is reasonable to respect

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In this case, there is no significant change in the sentencing conditions compared to the original judgment in the first instance.

In addition, in full view of the Defendant’s age, character and conduct, environment, and other various conditions of sentencing as shown in the records and pleadings, the lower court’s punishment against the Defendant cannot be deemed to have exceeded the reasonable scope of discretion by excessively lowering the Defendant’s punishment.

Therefore, the defendant's assertion is difficult to accept.

The defendant's appeal is dismissed on the ground that it is without merit.