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(영문) 수원지방법원 2018.10.19 2018노4239
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 (one year and two months of imprisonment) is too heavy or (the Defendant) it is too heavy.

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 (such as the reflection of the circumstances) and the circumstances alleged by the Prosecutor on the grounds of appeal (such as the fact that the same type of force exceeds five times, the fact that each of the crimes of this case was committed during the period of the same repeated crime, and the high risk of recidivism) are considered in the sentencing process of the original instance.

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 sentencing conditions, such as character and conduct, environment, motive, means and consequence of the crime, the circumstance after the crime, etc., of the court below’s decision, including the fact that only the act of medication of scopon and did not provide it to distribute it, that the amount of the handled scopon is considerably large, that the defendant supports his parents and children, the fact that the defendant was used as the most serious scopon and the defendant’s scopon, and that the defendant’s scopon was used as a scopon, and that the defendant’s health status was not good, and that there was a majority of the previous convictions and the defendant was sentenced due to it, it cannot be deemed that the sentence of the court below

Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit.

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