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(영문) 수원지방법원 2019.01.18 2018노6646
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (the penalty of 1.6 months, 1,450,000 won for imprisonment) is too unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.

The circumstance that the defendant asserts as the reason for appeal (such as the confession and the prevention of recurrence) seems to have already been considered in the sentencing process of the court below.

In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.

In full view of the following factors: (a) the amount and frequency of the instant case’s philophones handled in the instant case; (b) on the other hand, the Defendant did not provide philophones to distribute by selling philophones; and (c) the Defendant sent a fluorial season and the Defendant’s home life was not net; and (d) the Defendant’s character and behavior, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc. as indicated in the lower court and the party’s arguments, the lower

In full view of the factors such as the circumstances leading up to each crime, facts of the crime, and power of the crime, the sentence imposed on the defendant cannot be more severe than the sentence imposed on the defendant, a part of the accomplice. 3. Thus, the defendant's appeal is without merit, and it is so decided as per Disposition under Article 364 (4) of the Criminal Procedure Act.

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