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(영문) 수원지방법원 2019.09.27 2019노3249
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (one year of imprisonment, confiscation, and collection) by 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 circumstances alleged by the defendant as the reasons for appeal, such as the reflection of the nature of the appeal, are 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.

The defendant has committed the crime of this case again during the period of repeated crimes of the same kind, and the amount of narcotics handled is reasonable.

In addition, taking into account the circumstances cited by the Defendant as the grounds for appeal, the lower court’s punishment is too unreasonable because it goes beyond the reasonable scope of discretion, considering comprehensively taking into account the following factors, such as the character, conduct, environment, motive, means and consequence of the Defendant’s crime, and the circumstances after the crime.

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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