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(영문) 수원지방법원 2020.01.17 2019노4395
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a total of 10 months of imprisonment (a total of 10 months of imprisonment with prison labor (a total of 10 months of imprisonment with prison labor, 2 months of imprisonment with prison labor, and 8 months of imprisonment with prison labor) and additional collection) of the lower court is too unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.

The circumstance that the defendant asserts as the reason for appeal (which reflects the nature of the defendant, takes into account the status of the defendant's health, and if imprisonment is finalized due to this case, imprisonment with prison labor, the suspended sentence of which is invalidated and suspended, should also be imposed together) seems to have already been considered in the course of sentencing in the original court.

In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.

Although the defendant had been a previous criminal record in the judgment of the court below, he committed the crime of No. 1 and No. 2 of the judgment of the court below, and each of the remaining crimes in the judgment of the court below was committed at the time when the above judgment became final and conclusive.

In addition, taking into account the circumstances cited by the Defendant as the grounds for appeal, even if considering the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. revealed in the arguments of the lower court and the political party, it cannot be deemed that the lower court’s punishment is too unreasonable because it goes beyond the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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