(영문) 수원지방법원 2019.01.25 2018노6627 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.01.25 2018노6627

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (two years and six months of 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 (i.e., the confession, and the crime recorded in the records of the crime in the judgment below and ex post facto concurrent crimes) 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 frequency of each of the instant crimes and the number of penphones handled by the Defendant; and (b) the delivery of 100g of phiphones received from D to a third party as the Defendant’s assertion, even if the said phiphones were delivered, it can be deemed that the risk of the delivery of a large number of phiphones is high; (c) while, on the other hand, the Defendant appears to be unable to have good condition due to the symptoms of urology, etc.; and (d) the Defendant’s wife desires to take the urology, etc. as indicated in the lower court and the trial, comprehensively taking into account the sentencing conditions, such as the Defendant’s character and behavior, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because

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.

참조조문

-형사소송법 제364조 제4항

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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