(영문) 대전지방법원 2015.04.29 2015노468 | 리걸엔진

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(영문) 대전지방법원 2015.04.29 2015노468

마약류관리에관한법률위반(향정)등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The punishment (unfair punishment) imposed by the court below on the Defendants (one year, one year, confiscation, additional collection, one year and six months, confiscation, additional collection, Defendant C’s imprisonment, eight months, confiscation, and eight months) are too unreasonable.

B. The punishment sentenced by the court below against Defendant C is too unfilled and unfair.

2. Determination

A. The facts that Defendant A led to the confession of the instant crime and reflects his mistake, and that the fraud amount (2.5 million won) is relatively small is favorable to the Defendant.

However, in full view of the fact that the Defendant again committed the instant crime even though he had been sentenced to punishment for the same crime, and that there is no effort to recover damage therefrom is unfavorable to the Defendant, and that there is no change in circumstances that are different between the lower court and the sentence, considering the following: (a) details and motive leading up to the instant crime; (b) circumstances after the commission of the crime; (c) the Defendant’s age, character and conduct, family relationship, environment, occupation, and occupation, etc., the lower court’s sentence is too unreasonable; and (d) the Defendant’s allegation of unfair sentencing is not acceptable.

B. Defendant B had a record of being suspended one time due to the same crime, and committed a crime related to a handphone is disadvantageous to the Defendant.

However, the defendant led to the confession of the crime of this case and reflects his mistake in depth, the amount agreed to be paid to the victims of the crime of fraud (4 million won) and agreed smoothly with the victims of the crime of fraud, and the fact that the defendant did not have been sentenced to punishment is favorable to the defendant, and the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and the situation before and after the crime are considered comprehensively.

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