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(영문) 대구지방법원 2020.02.07 2019노4087
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the aforementioned legal principles, the lower court, based on the foregoing legal doctrine, rendered a sentence against the Defendant by taking account of the circumstances set forth in its reasoning, namely, the favorable circumstances, namely, the Defendant’s confession, the fact that the Defendant committed a repeated crime period due to the same kind of crime, the frequency of the crime, etc., into account the circumstances set forth in its reasoning. There is no special circumstance or change in circumstances that may be assessed differently from the sentencing conditions set by the lower court in the trial in addition to the circumstances set by the lower court. In addition to the circumstances set by the lower court, there is no special circumstance or change in circumstances that may be assessed differently from the sentencing conditions set forth in the lower court, and even if considering the following circumstances, the Defendant’s age, character and behavior, environment, motive for the crime, and the circumstances after the crime, the lower court’s sentence cannot

Therefore, the defendant's assertion is without merit.

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

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