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(영문) 전주지방법원 2020.01.30 2019노1499
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal - The lower court’s imprisonment (two years and six months of imprisonment) is too heavy.

2. There is no change in circumstances in the trial concerning the sentencing of the judgment, and the lower court has already determined the punishment by fully taking account of all circumstances that the Defendant already asserted as the grounds for appeal.

In particular, considering the fact that the Defendant committed the instant crime during the period of repeated crime due to the same criminal act as the criminal records as the judgment of the court below, as well as the various conditions of sentencing indicated in the records of the instant case, including the sentencing grounds cited by the court below, the Defendant’s age, character and conduct, environment, and circumstances of the crime, it does not seem that the lower court’s sentence was too unreasonable and exceeded the reasonable scope of discretion in sentencing.

Therefore, the defendant's assertion is not accepted.

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

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