logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2021.02.17 2020노4242
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of 10 months and the additional collection) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant reflects his/her mistake, the Defendant was able to be involved in the administration of narcotics, and the health is not good.

However, even though the Defendant had been sentenced to imprisonment with prison labor (three times) and suspended execution (one time) due to the crime of narcotics, the Defendant repeated the crime of narcotics.

In addition, considering all the sentencing factors indicated in the records and arguments of this case, including the Defendant’s age, occupation, family relationship, criminal record, criminal record, etc., the sentence of the lower court is not heavier than that of the Defendant, even though the Defendant was in the trial, and there was a violation of discipline in the detention house, and there was no special circumstance or change of circumstances to be newly considered in the sentencing after the lower judgment was rendered.

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

arrow