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(영문) 부산지방법원 2020.09.08 2020노551 (1)

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the gist of the grounds for appeal (unfair punishment) and the amount of punishment (three years of suspension of execution, probation, order to attend a course, and collection of penalty for one year of imprisonment) is unreasonable;

2. The sentence sentenced by the court below is within the recommended range of punishment according to the attached sentencing guidelines (from October to June).

The punishment was determined by taking comprehensive account of the accused's reflectivity, criminal records, etc.

The court below did not err in selecting and applying sentencing factors, and there is no change in sentencing factors in the appellate court.

Even if this court re-examines the sentencing factors and other factors of sentencing which are set forth in the sentencing criteria, the determination of the original sentence is inappropriate.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.