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(영문) 대전고등법원 2019.11.29 2019노323
마약류관리에관한법률위반(대마)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) of the lower court is too unreasonable;

2. The lower court: (a) took into account the following circumstances into account: (b) the Defendant had no record of being punished for a crime related to narcotics until before the instant crime was committed; (c) the Defendant’s vehicle owned by the Victim P, the object of larceny, and the vehicles owned by the Defendant, which are the object of the crime of larceny, were recovered in full; (d) the Defendant solicited the minors to smoke in marijuana; and (e) the Defendant stolen the vehicles, etc. even during the period of repeated offense; and (e) the fact that there is a heavy need for severe punishment, such as the Defendant’s age, character and behavior, environment, motive and background of the crime, and circumstances after the crime, etc., taking into account the following factors: (a) the Defendant’s punishment against the Defendant was determined by taking into account: (a) the Defendant’s age, character and behavior

In full view of the factors and sentencing criteria as indicated in the judgment of the court below in the course of examining the sentencing, the sentencing of the court below is not deemed to have exceeded the reasonable bounds of its discretion, and there is no change in the sentencing conditions that can be deemed to be unfair to maintain the judgment of the court below.

(3) If the defendant's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench's interrogation protocol.

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