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(영문) 대전고등법원 2020.01.31 2019노455
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. The court below determined the defendant's punishment against the defendant by taking into account the circumstances favorable to the defendant, such as the following factors: the defendant's purchase of synthetic marijuana, which is psychotropic drugs, from the upper line, and sold it several times for a considerable period of time; the nature of the crime is very bad; the trade of narcotics, which may cause serious harm to the society as a whole; and the trade of narcotics, etc., may cause serious harm and harm to the public health; the defendant's systematic and professional administration, the fact that the defendant has committed the crime of this case; the fact that the defendant is not faithfully in the investigation agency, and the fact that the defendant did not take the procedure in good faith; the defendant appears to have a attitude to recognize and reflect his mistake at the court below; and the fact that there was no history of criminal punishment heavier than the fine in the Republic of Korea before the crime of this case; and the defendant's age, character, environment, motive and circumstance of the crime of this case, and the circumstances after the crime of this case.

In full view of the conditions for sentencing as expressed in the judgment of the court below and the scope of the recommendation of the Supreme Court Sentencing Committee, the judgment of the court below is not deemed to have exceeded the reasonable bounds of discretion, and there is no change in the conditions for sentencing that can be deemed to be unfair to maintain the judgment of the court below as it is.

Therefore, the defendant's assertion is not accepted because the sentence of the court below is too unreasonable.

3. 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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