logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.05.17 2019노505
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (10 months of imprisonment and additional collection) by the lower court is too unreasonable;

2. The defendant has the following favorable circumstances:

The defendant recognized the crime of this case and is against the law.

The defendant is a disabled person of Grade II with mental disorders.

However, there are the following disadvantageous circumstances for the defendant.

A narcotics-related crime is a crime with severe social harm caused by toxicity of narcotics, etc. and with a high risk of undermining people's health and social safety.

Prior to the instant case, the Defendant had been sentenced to several punishments for the same crime.

In addition, on March 30, 2018, the Defendant was punished by a fine for the same kind of crime, and reached the commission of the instant crime only in a number of months.

Considering the above circumstances and unfavorable circumstances favorable to the defendant, and considering the fact that there is no change in the conditions of sentencing compared to the original judgment because new sentencing materials have not been submitted in the sentencing guidelines of the Sentencing Committee and the new sentencing materials have not been submitted in the court below, it cannot be said that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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.

arrow