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(영문) 서울중앙지방법원 2021.03.04 2020노3439
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal (such as imprisonment with prison labor for eight months) is too unreasonable.

2. The Criminal Litigation Act, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area for the determination of sentencing in the first instance, and there is no change in the conditions of sentencing compared to the first instance trial, and the sentencing in 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). There is no change in the conditions of sentencing compared with the lower court on the ground that new materials for sentencing have not been submitted in the trial, and the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion, taking account of all the reasons indicated in the records of the instant case.

shall not be deemed to exist.

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed.

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