(영문) 서울고등법원 2019.05.23 2018노3368 | 리걸엔진

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(영문) 서울고등법원 2019.05.23 2018노3368

마약류관리에관한법률위반(대마)

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the 1 year of imprisonment for each of the defendants A and B, 2 years of probation, 320 hours of community service order, 40 hours of lecture order, the 10 months of probation, 2 years of probation, 320 hours of community service order, 40 hours of probation, 320 hours of community service order and 40 hours of lecture order) which the court below sentenced is too unreasonable.

2. The lower court determined that: (a) considering the circumstances favorable to the Defendants, the lower court determined that: (b) considering the following: (c) the Defendants’ age, character and behavior, intelligence and environment, family relationship, means and result of the commission of each crime; (d) the degree of the Defendants’ participation in the commission of each crime; (c) the degree of the commission of the crime; (e) the number of times during which the Defendants sold and smoked; and (e) the risk of causing severe harm to the health and social safety of the public; and (e) the Defendants were seriously punished; and (b) the Defendants appears not to have been the purpose of gaining profits by distributing marijuana; and (e) taking into account the circumstances favorable to the Defendants: (i) the Defendants’ age, character and behavior, intelligence and environment; (ii) their family relationship; (iii) the means and consequence of the commission of the crime; and (iii)

In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.

Furthermore, the grounds for unfair sentencing alleged by the Defendants in this court are the circumstances that the lower court had already taken into account when determining the Defendants’ punishment, and there are no other circumstances to deem that the lower court’s decision on the sentencing is too unreasonable even when comprehensively considering the materials presented during the sentencing hearing of this court.

Therefore, the Defendants’ assertion of unreasonable sentencing is without merit.

3. In conclusion, the Defendants’ appeal is with merit.

유사 판례

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