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(영문) 광주고등법원 2021.03.25 2020노397
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

The sentencing of the court below on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the court below, and where the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect them (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). Circumstances asserted by the defendant as the elements of sentencing in this court are already discovered in the hearing process of the court below, or the court below appears to have sufficiently taken into account when determining the sentence against the defendant, and no change in circumstances exists in the matters that are the conditions of sentencing after the judgment of the court below is found (the defendant is highly likely to be liable for the supply

Unlike the judgment of the court below, even if the defendant was merely a simple delivery book, there is an essential change in the circumstances that make it possible to change the punishment of the court below.

(2) In light of the aforementioned circumstances, the lower court’s judgment’s determination was made within the reasonable scope of discretion, and thus, is unreasonable. In so doing, the lower court did not err by misapprehending the legal doctrine on the grounds of appeal. In so doing, it did not err by misapprehending the legal doctrine on the grounds of appeal, contrary to what is alleged in the ground of appeal.

Defendant’s assertion is without merit.

3. 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 groundless.

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