(영문) 서울고등법원 2018.01.30 2017노3480 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.01.30 2017노3480

마약류관리에관한법률위반(향정)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years and six months of imprisonment, and confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The lower court determined that the crime related to narcotics is not easy to detect, and that the risk of recidivism is high, and in particular, the importation of phiphones is highly likely to cause the spread of narcotics and additional crimes resulting therefrom, and that the amount of phiphones imported by the Defendant is not large, and the number of phiphones imported by the Defendant is also considered to be disadvantageous to that of the Defendant. However, the Defendant is against the confession of the crime, and there is no history of criminal punishment in the Republic of Korea, and the sentence was imposed within the recommended range of sentencing guidelines by taking into account the favorable circumstances that are favorable to the fact that the phiphones imported by the Defendant were seized in full and are not distributed at the time.

In full view of such circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, the lower court’s sentencing judgment exceeded the reasonable bounds of its discretion, in full view of all the following factors: (a) the lower court’s judgment exceeded the reasonable bounds of its discretion.

There is no change in the sentencing conditions that can be deemed unfair to maintain the judgment of the court below as it is, and there is no change in the sentencing conditions.

Therefore, since the sentence of the court below is too heavy or it cannot be deemed unfair because it is too heavy, it does not accept all the unfair arguments of the sentencing of the defendant and the prosecutor.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit

유사 판례

-서울고등법원 2018.01.11 2017노3026

-서울고등법원 2017.12.14 2017노3163

-서울고등법원 2016.03.24 2015노3014

-서울고등법원 2017.04.20 2017노195

-서울고등법원 2016.09.28 2016노1924