beta
(영문) 부산지방법원 2017.12.08 2017노3860

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (one hundred months of imprisonment and additional collection).

2. In full view of all the favorable circumstances (e.g., self-denunciation and the crime of this case being committed once a simple medication) and unfavorable circumstances (e.g., the age character and character environment of the defendant, the motive and means of motive of the crime, the circumstances after the crime, etc.) as stated in the reasoning of sentencing, the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion, in light of all the circumstances as shown in the argument and the record of the case.

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.