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(영문) 수원지방법원 2021.01.29 2020노6396
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of 10 months, the additional collection of 400,000 won) is too unreasonable.

2. In our criminal litigation law, which takes the trial-oriented principle and the direct principle, where there exists a unique area of the first deliberation on sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it even in the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant recognized the instant crime.

The Defendant voluntarily surrendered to investigative agencies.

However, although the defendant had been punished twice for the same crime, he again committed the crime of this case during the period of repeated crime for the same crime.

There is no change in the circumstances that may change the punishment of the court below in the trial.

When comprehensively considering the above circumstances and the sentencing conditions, such as character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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