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(영문) 수원지방법원 2020.01.10 2019노5231
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. 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 circumstance that the defendant asserts as the reason for appeal (such as the reflection of the situation, the single medication, and the purchase for medication, etc.) seems to have already been considered in the sentencing process of the original court.

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 the following circumstances, including the fact that the Defendant committed each of the instant crimes even during the period of repeated crime due to the same kind of crime, comprehensively taking into account the following factors: (a) the Defendant’s character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime was committed; (b) even considering the circumstances cited as the grounds for appeal, the lower court’s sentence is too unreasonable beyond the reasonable scope of discretion.

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

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, if the head of the original judgment ex officio is changed to a "one story" of 11 written statement of the original judgment, it shall be changed to a "one story".

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