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(영문) 수원지방법원 2018.11.30 2018노5553
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment) is too heavy or (the Defendant) is too unhutiled.

2. In a case where there is no change in the conditions of sentencing compared with 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). The lower court, as indicated in its reasoning, determined the punishment by comprehensively taking into account the circumstances favorable to the Defendant and unfavorable circumstances, including the fact that the Defendant was committed, and that the Defendant’s act was committed heavily and is highly likely to repeat, and the circumstances alleged by the prosecutor on the grounds of appeal are also considered in the sentencing process of the lower court.

There is no special change in circumstances that can change the punishment of the court below for the first time.

Comprehensively taking into account various circumstances, such as the Defendant’s age, sex, environment, family relationship, health status, criminal history, attitude at an investigation agency and court, nature of a crime, motive, means and consequence of a crime, and the circumstances after a crime, etc., the lower court’s punishment against the Defendant is too heavy or unbrupted to exceed the reasonable scope of its discretion, and thus, cannot be deemed unfair.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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