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(영문) 수원지방법원 2018.11.09 2018노3233
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning for the appeal (one year and two months of imprisonment) of the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking account of the circumstances favorable to the Defendant and unfavorable conditions

The circumstances alleged by the defendant on the grounds of appeal (a confession and rebuttal, etc.) seems to have already been considered in the sentencing process of the court below.

In addition, there is no new change in circumstances that can change the sentence of the court below in the first instance court.

When comprehensively considering the sentencing conditions, such as character and conduct of the defendant, environment, motive, means and consequence of the crime, and circumstances after the crime, the court below’s sentence is too unfair because it goes beyond the reasonable scope of discretion and is too unreasonable. The court below’s sentencing conditions are considered in light of the following: (a) the defendant’s act of violation of the Narcotics Control Act (e.g., violation of the judgment of the court below) and ex post facto concurrent crimes; (b) the defendant’s act of violation of the Act on the Control of Narcotics, etc. as stated in the judgment of the court below; (c) the defendant’s act of violation of the law was committed by the defendant; (d) the defendant’s act of sexual intercourse, etc., including the defendant’s sexual intercourse, wanting the defendant’s wife; and (e) the defendant’s criminal act committed

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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