logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.08.27 2020노379
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than 2 years, and additional collection for 300,000 won) that the court below rendered is too uneasible.

2. In determining narcotics-related crimes, it is not easy to detect them due to their characteristics, there is a high risk of recidivism, and it is necessary to strictly deal with them because they have a negative impact on society as a whole due to their sense and toxicity.

In 199, the Defendant had a record of having been sentenced to imprisonment with prison labor in 199, and was sentenced to a suspended sentence of imprisonment with prison labor in 201, and even though the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for the same kind of crime in 201, the responsibility for the crime in this case is not less complicated.

Such circumstances are the factors of sentencing unfavorable to the defendant.

However, the Defendant recognized all of the crimes, divided the wrongs in depth, and shows the will to stop narcotics.

Such circumstances are factors favorable to the defendant.

In full view of the above factors of sentencing and other factors of sentencing that are unfavorable or favorable to the defendant, such as the defendant’s career, character and conduct, environment, family relationship, social relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of the court below cannot be deemed to be unfair because it is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

arrow