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(영문) 수원지방법원 2019.06.14 2019노1580
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that of the lower court’s punishment (one hundred months of imprisonment and additional collection) is too unreasonable; and

2. 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, as indicated in its holding, determined the punishment by comprehensively taking into account the circumstances favorable to the Defendant and unfavorable circumstances, and the circumstances alleged by the Defendant as the grounds for appeal are also deemed to have been reflected in the sentencing process of the lower

There is no special change in circumstances that may change the punishment of the court below in the trial.

In light of the Defendant’s age, occupation, character and conduct, environment, family relationship, health status, criminal records (which does not have the criminal records of the same kind of crime, but is a criminal committed during the period of repeated crime) and the contents thereof, the attitude and nature of the investigation agency and the court, the nature of the crime, the motive, means and consequence of the crime, and the circumstances after the crime, etc. (in light of the frequency of each of the crimes in this case, the degree of addiction of the Defendant does not seem to be somewhat inappropriate in light of the frequency of each of the crimes in this case, time close distance, the place of medication, etc.), the lower court’s punishment against the Defendant is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. 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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