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(영문) 대구지방법원 2020.11.11 2020노2523
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal against the punishment (one hundred months of imprisonment and additional collection) declared by the court below is too unafford, and the prosecutor is too unafford and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant’s frequency of medication reaches five times, and the Defendant was arrested as the instant case and committed while the request for warrant was dismissed and released.

However, considering the fact that the defendant acknowledges and reflects the crime and that the defendant has no criminal power for the same kind of crime, it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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