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(영문) 부산지방법원 2017.04.14 2017노728

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the punishment of the lower court (a prison term of ten months and collection) is too heavy.

2. In full view of all the conditions of the argument and the record of the instant case including favorable circumstances (e.g., self-denunciation, cooperation in investigation, etc.), unfavorable circumstances (e.g., the same type of force, repeated crime, etc.) as stated in the grounds for sentencing, the lower court’s sentencing judgment exceeded the reasonable bounds of its discretion, in light of the following factors: (a) the Defendant’s age character and character environment; (b) the motive means

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.