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(영문) 광주지방법원 2020.09.08 2020노1433
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, additional collection of 300,000 won) of the lower court is too unreasonable.

2. The fact that the Defendant recognized each of the instant crimes is an element of sentencing favorable to the Defendant.

On the other hand, the fact that the defendant has criminal records of the same punishment, and that the defendant committed each of the crimes of this case during the period of repeated crime is an unfavorable sentencing factor against the defendant.

In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.

In addition, considering the Defendant’s age, character and conduct, criminal records, motive and circumstances leading to each of the instant crimes, and all of the sentencing conditions indicated in the instant pleadings, such as circumstances after the crime was committed, the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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