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(영문) 제주지방법원 2018.11.15 2018노512

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (two years and six months, confiscation, and collection) is too excessive and unfair. However, in full view of the various circumstances that form the conditions for sentencing specified in this case, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is not recognized that the punishment imposed by the court below is too unreasonable and unfair, the above argument is not reasonable. [Provided, That the court below's judgment is without merit since the defendant's evidence supporting the criminal facts against the defendant, which is "the defendant's reply to appraisal" without undergoing an examination of evidence, can sufficiently recognize the criminal facts against the defendant even with the remaining evidence except this, the above error of the court below did not affect the judgment.]