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(영문) 부산지방법원 2018.04.06 2018노208

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment and confiscation, additional collection) is too heavy.

2. In full view of all the arguments of this case and the conditions of sentencing indicated in the records, including the favorable circumstances (a confession, voluntary confession, etc.) and unfavorable circumstances (a crime during the period of the same repeated crime) presented by the lower court in the grounds for sentencing, the lower court’s judgment exceeded the reasonable bounds of its discretion, in light of the following: (i) the Defendant’s age and character character and intelligence environment; (ii) motive means of crime; and (iii) the circumstances after the crime

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.