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(영문) 수원지방법원 2020.04.24 2019노6809
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable;

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the sentencing determination in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It seems that the Defendant recognized and reflected the instant crime, and that he/she was cooperating in the investigation.

However, even though the defendant was sentenced to a multiple sentence for the same crime, he again committed the crime of this case, and he also escaped during the trial of the court below.

In addition, there is no change in the circumstances that may change the punishment of the court below in the trial.

Considering the above circumstances and the sentencing conditions, such as character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

3. Accordingly, 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.

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