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(영문) 수원지방법원 2020.02.07 2019노5608
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (three years of imprisonment, confiscation, and collection) is too unreasonable;

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court 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, as indicated in its holding, determined the punishment by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances, and the circumstances alleged by the Defendant as the grounds for appeal are also deemed to have been already reflected in the sentencing process

There is no special change in circumstances that may change the punishment of the court below in the trial.

The Defendant involved in the distribution of narcotics in depth.

In addition, there is a need for more severe punishment to eradicate narcotics crimes by inducing many and unspecified persons to commit a criminal act, and by neglecting the misuse and abuse of narcotics, there is a growing potential risk of causing harm to the public health and eradicate narcotics crimes.

Comprehensively taking into account various circumstances that form the conditions for sentencing specified in the original judgment and the arguments at the trial of the political party, such as the Defendant’s age, occupation, character and conduct, environment, family relationship, health status, criminal records and the contents thereof, attitude in the investigative agency and the court of justice, the nature of the offense, motive, means and consequence of the offense, and the circumstances after the crime, etc., the fact that the Defendant has

Even if the court below's sentence against the defendant is too unreasonable, it cannot be said that the sentence against the defendant goes beyond the reasonable scope of its discretion.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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