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(영문) 부산지방법원 2017.05.12 2017노590

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the lower court (one year of imprisonment, confiscation, 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, confession, etc.) and 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.