logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.02.07 2017노3012
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court determined the sentence by taking into account the following factors: (a) the Defendant committed a second offense during the period of the same repeated offense; (b) the confession and reflect; (c) the self-denunciation; (d) the Defendant’s health condition

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

According to the fact-finding conducted by the court of the first instance on the South Korean National Police Agency, it is difficult to evaluate the information of the defendant as equal to the cooperation of the investigation of the defendant, although the defendant's will inform the drug offender and arrest two persons.

Although it is recognized that the defendant voluntarily surrenders to commit a crime, the leg is with physical disability 3 due to traffic accidents, there is a family member with support, and the intention to stop, it is hard to say that these circumstances are also considered in the original judgment, and therefore, the sentencing conditions mentioned above have been significantly changed in the first instance trial.

It is difficult to see it.

In full view of the fact that the defendant is repeating the same crime during the period of repeated crime after being subject to punishment by self-denunciation of narcotics, and that the above sentencing of the court below is unfair due to excessive strushness of the sentence.

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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.

arrow