(영문) 창원지방법원 2018.07.18 2018노446 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2018.07.18 2018노446

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing of the gist of reasons for appeal (the sentence of the lower court: Imprisonment with prison labor for not more than two months and not more than eight months and the penalty for a crime set forth in subparagraph 1,305 at the end of 2016 at the end of 1304);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court determined a sentence by comprehensively taking account of the following factors: (a) under favorable circumstances that reflects the instant crime; (b) the Defendant had been punished several times for the same crime; (c) the Defendant had a number of records of having been punished for the same kind of crime; and (d) the fact that the 1304 judgment was pending while the enforcement of the sentence was suspended and was still under detention; and (d) the Defendant’s age, sex behavior, environment, details of the crime, and circumstances after the crime, etc.; and (c) the sentence was imposed by comprehensively taking into account the sentencing conditions, such as the Defendant’s age, sexual behavior, crime, and circumstances after the crime.

(c)

The grounds for the court below's improper sentencing alleged by the defendant are shown to have already taken into account in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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