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(영문) 수원지방법원 2019.07.23 2019노1500
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

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

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.

The circumstances alleged by the defendant as the reason for appeal (such as the conflict of interest) and the circumstances alleged by the prosecutor (such as the necessity of strict punishment for serious narcotics crimes that undermine social soundness, and the fact that the defendant has been punished for the same kind of crime several times) seems to have already been considered in the sentencing process of the court below.

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

In addition, comprehensively taking into account the following circumstances, such as the character, conduct, environment, motive, means, and consequence of the crime committed by the defendant as revealed in the arguments at the court below and the party hearing, the sentence of the court below is too heavy or unreasonable because it goes beyond the reasonable scope of discretion.

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

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