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(영문) 수원고등법원 2020.03.05 2019노522
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

The punishment sentenced by the court below in summary of the grounds for appeal (three years of imprisonment) is too unreasonable.

Judgment

If there is no change in the conditions of sentencing compared to the original judgment in the appellate court, and the sentencing of the original court is not beyond the scope of reasonable discretion, it is reasonable to respect

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). As to the instant case, there is no significant change in the sentencing conditions compared to the lower court in the appellate trial.

The fact that the defendant has no record of punishment for the same kind of crime beyond the punishment for the defendant, the fact that there is no record of punishment for the defendant, the fact that the defendant appeared to have committed a relatively sound workplace life through an internship while attending a university, and the fact that the defendant's family members or the branch members want to take the defendant's wife against the defendant, and that the relation between the defendant's family members or the branch members seems to have been humbed in the family or society should be considered as favorable to the defendant.

However, in light of the specific contents, means and methods of the crime, psychotropic drugs and marijuana handled, and the quantity of the psychotropic drugs and marijuana, the crime of this case was committed by the Defendant on four occasions, and administered or inhaled them, while selling them to B, etc., it is not appropriate to commit the crime and commit the crime.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as well as various conditions of sentencing that are favorable to the Defendant, the sentence of the lower court cannot be deemed to have exceeded the reasonable scope of discretion, even if the sentence of the lower court is too unreasonable.

Defendant

The argument is difficult to accept.

The defendant's appeal is dismissed on the ground that it is without merit.

Article 60(1)2, Article 4(1), and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., the text of the judgment of the court below is 8.

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