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(영문) 서울고등법원 2019.06.21 2019노548
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (one year of imprisonment and additional collection) is too unreasonable.

Judgment

The court below set a sentence against the defendant in consideration of the following factors: ① it is difficult to detect narcotics crimes due to their characteristics; ② it is not easy to detect them; ② it is difficult to purchase marijuana for the purpose of distributing them in the city, ② it is considered that the Defendant committed the instant crime during the suspension period, even though having been sentenced to the suspension of the execution of imprisonment with labor for narcotics crimes; ② it is considered that the Defendant committed the instant crime at one time; and the Defendant’s confession of all of the instant crimes; and the Defendant’s confession of each of the instant crimes; and the Defendant’s behavior is divided into one’s mistake and shows treatment and rehabilitation intention; and considering the sentencing guidelines recommended by the Sentencing Committee of the Supreme Court, the sentence against the Defendant was imposed.

The sentencing of the court below seems to have been determined appropriately by fully taking into account the above various circumstances, and there is no special change in circumstances to be assessed differently from the sentencing conditions of the court below until the trial is held.

In addition, considering the defendant's age, character and conduct, environment, family relations, criminal records, circumstances after the crime and the result of the crime, all the sentencing conditions shown in the arguments, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the court below is too unreasonable to escape the reasonable scope of discretion.

Defendant’s assertion is without merit.

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

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