logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.05.28 2020노869
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, confiscation, additional collection of KRW 665,00) imposed by the court below is too unreasonable.

2. The lower court rendered a sentence of one year by imprisonment, considering the following: (a) the Defendant’s favorable circumstances; (b) the Defendant’s favorable circumstances; (c) the fact that there was no same criminal history; (d) the Defendant did not repeat again; and (c) the fact that the offense related to narcotics, etc. ought to be punished in light of the relevant social harm; and (d) the Defendant sold phiphones without being subject to simple medication; and (e) the situation at the time of the crime of sale; and (e) the number of unused injection devices and the quantity of phiphones in possession are not visible when considering the volume of phiphones.

When comprehensively taking account of the various conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, career, character and conduct, environment, family relation, social relation, motive and background of a crime, method of a crime, and circumstances after a crime, etc., even if considering the circumstances alleged by the Defendant, it cannot be said that the judgment of the lower court exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the judgment of the lower court as it is.

Therefore, the sentence of the court below is proper, and it is not recognized as unfair because it is too unreasonable.

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

arrow