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(영문) 대구지방법원 2020.11.18 2020노2925
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (one year of imprisonment, confiscation, and collection) by the lower court 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant can have the record of punishment for narcotics crimes, as well as the instant crime constitutes a repeated crime of the same kind.

The circumstances alleged by the Defendant as the grounds for appeal (e.g., prevention of re-offenders, cooperation in investigation, etc) appear to have already been considered in the sentencing process of the original court, and there is no new change in circumstances that could change the original court’s punishment in the

In addition, in full view of all the sentencing conditions in the instant case, including the Defendant’s age, occupation, family relation (a mother with no good health), criminal record, living environment, etc., the sentence of the lower court is not heavy.

3. Therefore, 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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