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(영문) 수원지방법원 2020.10.23 2020노3921
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (one year of imprisonment, confiscation, and collection 300,000 won) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area of the first instance court regarding the determination of sentencing, and where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the appellate court

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant recognized the instant crime.

The defendant seems to have voluntarily surrendered and cooperated in the investigation.

However, even though the defendant had been sentenced four times to the same crime, he again committed the crime of this case during the period of repeated crime due to the same crime.

There is no change in the circumstances that may change the punishment of the court below in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

3. Therefore, 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

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