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(영문) 수원지방법원 2020.01.17 2019노5396
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.

The circumstances alleged by the defendant as the reasons for appeal, such as the reflection of the nature of the appeal, are 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 full view of the following circumstances, including the fact that the Defendant committed each of the instant crimes during the period of the suspension of execution due to the same crime, comprehensively taking into account the following factors: (a) the Defendant’s character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime committed; (b) the sentence of the lower court is too unreasonable beyond the reasonable scope of discretion, even if considering the circumstances cited as the grounds for appeal by the Defendant.

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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