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(영문) 광주지방법원 2019.05.02 2018노3642
마약류관리에관한법률위반(향정)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (ten months of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment 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 court below has long history of punishment one time for the same crime, and there is a need for strict punishment against the narcotics offender in light of harm that narcotics have on society, risk of recidivism, and necessity for eradicating the narcotics crime.

The court sentenced ten months to the lower limit of the recommended punishment set in the sentencing guidelines for narcotics crimes in consideration of favorable circumstances, such as the fact that there is more severe need for strict punishment compared to the simple use of phiphonephones or medication, and that the punishment for the same kind of crime is 2004, and that the defendant recognized all of his mistake, etc., and sentenced ten months below the lower limit of the recommended punishment set in the sentencing guidelines for narcotics crimes.

C. Based on the legal principles as seen earlier, even though the defendant was deemed to have cooperatedd in the arrest of G, who is the upper line, there is no particular change in the above sentencing conditions compared to the original judgment. Other factors revealed in the arguments in this case, such as the defendant's age, character and conduct, motive of the crime and circumstances after the crime, and sentencing guidelines for the enactment of the sentencing committee, considering the defendant's cooperation in the investigation,

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Subs (special sponsors) mitigation elements: important.

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