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(영문) 청주지방법원 2020.09.17 2020노438
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s imprisonment (two years) is too unreasonable in light of the following: (a) the Defendant reflects the instant crime; (b) the Defendant cooperates and cooperates in the investigation of accomplices; (c) the Defendant married with her husband with a stable occupation for two years; (d) the social relationship is clear; and (e) the circumstances leading up to the instant crime are considered in an unsound growth environment; and (e) there are voluntary and active medical doctors.

B. In light of the fact that the prosecutor had a large amount of identical power to the prosecutor, purchased and administered narcotics, etc. several times during the same repeated period, and committed a crime again while being tried as a combined separate case, the sentence of the court below is too uneasible and unfair.

2. Determination on the grounds for appeal

A. Since the current Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area in the sentencing determination, it is reasonable to respect the sentencing determination in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

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

The circumstances alleged by the defendant as favorable factors for sentencing in the grounds for appeal are shown to have been sufficiently considered in the original court’s determination of punishment, and there are no new additional circumstances to change the original court’s punishment in the appellate court.

On the other hand, the Defendant was arrested as a combined crime at the lower court, and was released on May 10, 2019 by a detention warrant dismissed on May 10, 2019, and was indicted on September 24, 2019 and the first trial date was held on November 15, 2019. While the above procedure was underway, the Defendant’s assertion of the sentencing factors disadvantageous to the Defendant as an element for sentencing in the grounds of appeal is also deemed to have been fully considered in the lower court’s sentence.

The age, character and conduct, environment, and motive of the crime of the defendant;

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