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(영문) 수원지방법원 2019.03.29 2018노8314
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below 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 determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.

The circumstances alleged by the defendant as the reasons for appeal, such as the reflection of the nature of the appeal, are considered in the sentencing process of the court below.

In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.

In full view of comprehensively taking into account the following factors: (a) the Defendant was punished on two occasions (the suspension of the execution of imprisonment with labor in 2010, the suspension of the execution of imprisonment with labor in 2013, and the fine in 2013) and the amount of penphones handled in the instant crime (the volume of approximately 10gs and administered volume of approximately 0.96g) and the following factors: (b) the Defendant’s character and behavior, environment, motive, means and consequence of the commission of the crime; and (c) the circumstances after the commission of the crime, etc., the lower court’s sentence cannot be deemed to

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

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