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(영문) 부산지방법원 2017.05.26 2017노992

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (an additional collection of KRW 10,000,000,000,000) is so excessive that it is unfair (the Defendant, at the first instance trial of the first instance trial of the first instance trial of the first instance trial of the first instance trial of the first instance trial of the first instance trial of the lower trial of the first instance trial of the lower court), and there is a family member to support.

However, the Defendant committed the instant crime despite the fact that he had been punished twice by including the punishment for the same crime. At the time of the instant crime, the Defendant sought a philopon through smartphone hosting without a specific residence at the time of the instant crime

In light of the fact that there is no identification of the philophone provider, it is difficult to find out the possibility of re-offending.

In addition, when considering various sentencing conditions, such as the defendant's age, sex, environment, details and result of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. The Defendant’s appeal is without merit, and thus, is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That “the result of the maternity appraisal” as stated in the grounds for sentencing of the lower judgment is obvious that it is a clerical error in the “the result of the prejudice appraisal”, and thus, it is ex officio correction in accordance with Article 25(1) of the Regulations on Criminal Procedure.