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(영문) 대구지방법원 2020.11.11 2020노2172
마약류관리에관한법률위반(향정)등
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). It is recognized that the Defendant reflects his/her mistake, the Defendant’s spouse, who is the victim of special intimidation and injury, does not want to be punished by the Defendant, the Defendant’s family members and branch members want to be punished by the Defendant, the Defendant voluntarily surrenders the Defendant to narcotics crimes, and the Defendant’s health is not good.

However, even though the defendant had been sentenced to imprisonment with prison labor (two times) and suspended execution (two times) due to the crime of narcotics, he repeated the crime of narcotics.

The special intimidation and injury of the defendant's spouse may threaten the victim with kitchen knife, and the victim's hair and face are taken over by cell phones and drinking, and the crime is very poor in light of the circumstances of the crime, contents, risk of the crime, etc.

In addition to the fact that there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the judgment of the court below was rendered, taking into account all the factors of sentencing as shown in the records and arguments of this case, including the defendant's age, occupation, family relation (spouse and minor children), and criminal history, the sentence of the court below 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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