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(영문) 창원지방법원 2019.11.26 2019노1675
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (one hundred months of imprisonment, two hundred and fifty thousand won of additional charges) so as to be 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.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking account of all the favorable circumstances and unfavorable circumstances for the Defendant, and there is no change in circumstances following the lower judgment’s sentence.

In addition, even considering the circumstances described by the lower court as the grounds for sentencing, the Defendant’s age, character and conduct and environment, motive for committing a crime, and the circumstances after committing a crime, the lower court’s punishment cannot be deemed as improper because it goes beyond the reasonable scope of discretion, even if it is considered in light of the following factors.

Therefore, the defendant's assertion is without merit.

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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