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(영문) 부산지방법원 2018.04.05 2018노99

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) 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 with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Although a victim of a special injury does not want the punishment of the defendant, the defendant is likely to be subject to criticism by knifeing the victim who is the wife with knife.

In addition, the defendant has been punished five times for a drug-related crime (4 times of imprisonment with prison labor, 4 times of fine, and 1 times of fine), and the defendant constitutes a repeated crime of the same kind, so severe punishment is inevitable.

There is no new change in circumstances that could change the original court's punishment in the trial.

In addition, if the court below and the party's arguments comprehensively consider various sentencing conditions, the punishment imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

3. Accordingly, 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.