(영문) 광주지방법원 2020.01.08 2019노1686 | 리걸엔진

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(영문) 광주지방법원 2020.01.08 2019노1686

마약류관리에관한법률위반(향정)

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of one year and two months, the additional collection, and the imprisonment of eight months and the additional collection) of the lower court is too unreasonable; and

2. Determination

A. 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). B.

The court below set a sentence against Defendant A by taking account of favorable circumstances, such as the fact that Defendant A was punished four times for the same crime, the fact that Defendant A committed each of the crimes of this case during the repeated crime period, and the fact that Defendant A was recognized as a criminal act, and that Defendant B was punished three times for the same crime, and that Defendant B committed the crime of this case during the suspension period of the execution of the crime of this paper, the court below set a sentence against Defendant B by taking account of favorable circumstances, such as the fact that Defendant B was recognized as a criminal act, and that the crime of this case is about the one-time medication of Defendant B.

C. Based on the legal principles as seen earlier, there is no change in the above sentencing conditions compared with the lower court, and even considering the following factors, including the Defendants’ age, character and conduct, motive of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable and does not seem to have exceeded the reasonable scope of discretion.

Therefore, the Defendants’ assertion of unfair sentencing cannot be accepted.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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