logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.05.23 2019노450
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years, confiscation, additional collection, 1,489,66 won, probation, order to provide community service for 120 hours and order to provide pharmacologic treatment for 40 hours) that the court below sentenced is too unreasonable.

2. The Defendant, who recognized all of the crimes, is against the dignity of the Defendant.

There is no history of the defendant exceeding the same criminal record or fine.

The defendant shows a relatively young age to stop narcotics, and the parents of the defendant want to guide the defendant.

Such circumstances are favorable to the defendant.

On the other hand, it is necessary to punish narcotics crimes seriously because they are detrimental to the health of the people and have a significant negative impact on the society as a result of their decliation and toxicity.

Not only purchase, medication, smoking, and possession of various narcotics, such as philophonephones, Kenyas, and marijuana, but also transfer of the narcotics handled so criminal liability is heavy, and it is required to take measures to cut off the narcotics, such as an order to attend pharmacologic treatment courses.

Such circumstances are disadvantageous to the defendant.

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the circumstances alleged by the Health Center and the Defendant as an element of sentencing were already revealed and sufficiently considered in the hearing process of the lower court, and no particular change of circumstances was found in the matters subject to sentencing after the lower judgment was rendered.

In addition, the defendant's age, career, character and conduct, environment, family relationship, social relation, health status, motive and background of the crime, circumstances after the crime, etc., and various sentencing conditions and sentences that are shown in the proceedings and arguments, and Supreme Court.

arrow