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(영문) 의정부지방법원 2019.03.21 2018노1217
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) by the lower court is excessively unreasonable.

2. As a result of the appellate court’s examination of whether the sentencing of the first instance is unfair, the conditions of sentencing are not changed compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, as possible, shall be respected.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances (such as the confession of a crime by a defendant, equity in the case where a judgment was rendered at the same time with the crime of violating laws that became final and conclusive in one year and six months of imprisonment, etc.) and all of the sentencing conditions in the records and pleadings of the instant case, the sentence imposed by the lower court is deemed appropriate and is too unreasonable, and thus, the Defendant’s assertion cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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