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(영문) 수원지방법원 2021.01.29 2020노6028
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (one year of imprisonment, confiscation, and collection 200,000 won) of the lower court's punishment is too unreasonable.

2. In our criminal litigation law, which takes the trial-oriented principle and the direct principle, there exists a unique area of the first deliberation about sentencing, and in cases where there is no change in the conditions of sentencing compared to the first instance trial, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it even in the appellate trial (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Defendant recognized the instant crime.

However, the defendant has been punished for marijuana and narcotics-related crimes, and some of the crimes of this case committed during the period of repeated crimes of the same kind.

There is no change in the circumstances that may change the punishment of the court below in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

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

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