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(영문) 수원지방법원 2019.01.18 2018노5417
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (one year and six months of imprisonment) 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 (such as the confession and the prevention of recurrence, the support for the elderly and the three children) seems to have already been considered in the sentencing process of the court below.

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

Considering comprehensively the sentencing conditions, such as the Defendant’s character and behavior, environment, motive, means and consequence of the crime, circumstance after the crime, etc., as shown in the original judgment and the party hearing, including the fact that the Defendant committed each of the instant crimes during the same repeated crime period, two times within three years, and the Defendant’s wife wanted to take the Defendant’s wife, it cannot be deemed unfair because the lower court’s punishment is too unreasonable beyond the reasonable scope of discretion.

(3) The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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