logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2016.11.18 2016노1134
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a punishment of one year and two months, and a penalty of one million won) is too unreasonable.

2. The circumstances favorable to the defendant are as follows.

In other words, the defendant led to the confession of all of the crimes of this case and actively cooperate in the investigation of investigation agencies.

The defendant is going against his wrongness and not to repeat the crime.

Family members such as the defendant's female living together want to help the defendant's wife and endeavor to prevent the defendant's recidivism.

However, there are the following disadvantageous circumstances for the defendant.

In other words, the crime of this case was committed during the period of the same repeated crime.

Furthermore, the Defendant was sentenced to the suspended sentence in 2001 and the suspended sentence in 2012 for the same crime, and was sentenced to the sentence in 2015 as the criminal records in the judgment of the court in 2015, and committed the instant crime again for only one month and one month, which was committed repeatedly in a very short period.

Considering these points, the defendant seems to be highly likely to repeat the crime.

The above circumstances and other circumstances, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, circumstances after the crime, etc., as well as the sentencing criteria applicable to the crimes of the same kind as the crime in this case.

Items c) and c.

(i)It is not recognized that the sentencing of the lower court is too unreasonable, referring to the lower limit of the serious area of the household (the same criminal records of not less than three years of suspension of execution, one year to three years), etc.

The defendant's ground of appeal cannot be accepted.

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.

arrow