(영문) 광주지방법원 2020.09.10 2020노1526 | 리걸엔진

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(영문) 광주지방법원 2020.09.10 2020노1526

마약류관리에관한법률위반(향정)등

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of the lower court (two years of imprisonment for each of the defendants A and C, confiscation, additional collection, defendant B: imprisonment with prison labor for one year and six months, additional collection) is too unreasonable;

2. Determination

A. In a case where there is no change in the conditions of sentencing compared with 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.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The lower court determined a punishment against the Defendants by taking into account the following circumstances: (a) narcotics crime is likely to repeat a crime; (b) there is a high risk of recidivism; and (c) the need to strictly punish the Defendants as crimes with great social harm; (b) the Defendants traded out and traded bows for sale beyond a mere purchase for medication; (c) the Defendants traded boo, etc. with Korean people; (d) the Defendants handled; (c) the Defendants’ possession of narcotics to marijuana; (d) the Defendants led to the confession of the crime; and (e) there was no record of punishment in the Republic of Korea; and (e) there was no record of the Defendants’ participation in the crime (the Defendants purchased and sold part of b) and the process and degree of the Defendants’ participation in the crime (the Defendants purchased and sold b and c; and (e) the Defendants sold b and c with their people living together with them, and the number and quantity of drugs traded

C. Based on the legal principles as seen earlier, there is no change in the above sentencing conditions compared with the lower court, and even considering the following factors, including the Defendants’ age, character and conduct, motive of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable and does not seem to have exceeded the reasonable scope of discretion.

Therefore, the Defendants’ assertion of unfair sentencing cannot be accepted.

3. In conclusion, the defendants' appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

-부산고등법원 (창원) 2015.11.04 2015노271

-수원지방법원 2019.03.28 2019고단334

-인천지방법원 2019.10.17 2019고단5773

-부산고등법원 (창원) 2019.11.20 2019노264

-대구지방법원 2019.06.11 2019고단1948