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(영문) 수원지방법원 2019.06.14 2019노935
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that of the lower court’s punishment (one hundred months of imprisonment and additional collection) is too unreasonable; and

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.

Circumstances in which the defendant asserts as grounds for appeal [the fact that it is contradictory, the fact that he handled, the fact that he handled, the fact that he handled, the fact that he argues as grounds for appeal; hereinafter referred to as the "surphone"

(A) The lower court’s sentencing process seems to have already been considered.

In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.

In full view of the following factors: (a) the Defendant, while being investigated as the case of 2018 Godan2140, committed again the crime of 2018 Godan200 as indicated in the holding of the lower judgment; and (b) the Defendant’s character and conduct, environment, motive, means and consequence of the crime as indicated in the arguments of the lower court and the lower court; and (c) the sentence of the lower court is too unreasonable beyond the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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