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(영문) 전주지방법원 2020.01.08 2019노1375
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

The judgment below

"11" in the part concerning the confiscation of the order shall be referred to in subparagraph 11.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years, confiscation, and collection) of the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined a sentence by comprehensively taking account of all the favorable circumstances and unfavorable circumstances for the Defendant, and there is no change of circumstances in matters that are conditions for sentencing after the lower judgment was sentenced.

In full view of all the sentencing factors indicated in the arguments of this case including the Defendant’s age, character and conduct, environment, motive for committing a crime, circumstance after committing a crime, etc., the sentencing of the lower court is conducted within the reasonable scope of discretion, and it is reasonable to respect the sentencing of the lower court because it is too unreasonable, as it is too unreasonable, because it is too unreasonable, because the Defendant’s past record of punishment for the same kind of crime was considered in the sentencing process of the lower court.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition. In accordance with Article 25 (1) of the Rules of the Criminal Procedure, " subparagraph 11 of the part concerning confiscation of the order of the court below shall be corrected to " subparagraph 11 (Provided, That 1.58g remaining after excluding 0.03gs used for appraisal)".

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