logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.12.21 2018노5951
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (seven months of imprisonment) is too heavy or (the Defendant) frighted.

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

In a case where there is no change in the conditions of sentencing compared to the original judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court, as indicated in its reasoning, determined the sentence against the Defendant by comprehensively taking into account the circumstances favorable to the Defendant and unfavorable circumstances

The circumstances alleged by the defendant on the grounds of appeal (a confession, the fact that there is a child to support, the situation of home is difficult) and the circumstances alleged by the prosecutor (a very high risk of recidivism, and the necessity of strict punishment for narcotics crimes) are considered already in the sentencing process of the court below.

B. There is no new change in circumstances to change the sentence of the lower court in the first instance court.

When comprehensively taking into account the conditions of sentencing, such as the character, conduct, environment, motive, means and consequence of the crime, etc., as shown in the deliberation by the court below and the party concerned, the sentence of the court below cannot be deemed to be too heavy or unfair as it goes beyond the reasonable scope of discretion.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, each of the appeals is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow