(영문) 부산지방법원 2018.11.23 2018노3577 | 리걸엔진

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(영문) 부산지방법원 2018.11.23 2018노3577

마약류관리에관한법률위반(향정)

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendants (i.e., imprisonment of one year and six months, one million won additional collection, and (ii) imprisonment of one year and two months, and eight million additional collection) is too unreasonable.

2. We also examine the defendants' unfair claims for sentencing.

If there is no change in the conditions of sentencing compared with the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Defendant A is against the beginning of the crime, and Defendant C is recognized as committing one’s crime, and Defendant C is also recognized in the first instance trial, and the Defendants are the most favorable circumstances.

However, Defendant A was not only subject to criminal punishment several times for the same kind of crime, but also committed each of the crimes of this case without being aware of the period of repeated crime due to the same kind of crime, and the amount of 150 persons at the same time sold or purchased philophones, and Defendant C did not seem to have an attitude against the denial of his own crime in the investigative agency and the court below, and there was a need to strictly punish and eradicate drug offenders in light of the addiction to narcotics and the harmful effects caused by the distribution or medication of narcotics.

In full view of the above circumstances, the lower court determined each sentence against the Defendants, and did not change the sentencing conditions that may be specifically considered in the trial.

Although Defendant C made a confession of a crime in the first instance trial, in light of the purport of the aforementioned Defendant’s legal action, content and time of confession, etc., such circumstance alone cannot be viewed as a change in special circumstances that may change the sentencing of the lower court.

In addition, the defendants' age, sex, environment, motive and circumstance of crime, and means of crime.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

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