logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.09.23 2016노3793
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (each of the crimes of Nos. 1-A, 2 through 6 in the judgment of the court below: Imprisonment with prison labor for six months, and one of the crimes of No. 1-C, D, E, and F in the judgment of the court below: imprisonment with prison labor for six months, five hundred and fifty thousand won) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the judgment on the sentencing of each of the crimes of Articles 1-A, 2, and 6 in the holding of the court below should take into account the equity in the case of being tried together with the criminal facts of the previous conviction in the judgment of the court below which became final and conclusive, the fact that the victim J and the original agreement was reached in the trial of the court, and that the defendant recognized, reflected, and cooperated with the investigation of the case.

However, considering various sentencing conditions, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, degree of damage, circumstance after the crime, etc., the sentence imposed by the court below is too large and unfair, in light of the following factors: (a) the Defendant was guilty of fraud, and the Defendant was tried for a drug crime; (b) the fact that the damage was not completely recovered; and (c) the injury was not completely recovered; and (d) the punishment imposed by the court below is too unreasonable.

3. There are extenuating circumstances, such as the recognition, reflection, and cooperation with the investigation of the Defendant of the crime of this case as set forth in subparagraph 1-C, D, E, and F of the judgment of the court below.

However, considering various sentencing conditions, such as the defendant's age, sex, environment, motive for the crime, and circumstances after the crime, it cannot be said that the sentence imposed by the court below is too unreasonable because it is too unreasonable.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow