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(영문) 부산고등법원 2015.09.16 2015노426

마약류관리에관한법률위반(향정)

Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the reasons for appeal by the prosecutor is that the sentence of the court below's sentence against the defendant (one year of imprisonment with prison labor and two years of suspended execution) is too uneasy and unfair.

Therefore, in light of the following: (a) the instant crime is highly likely to cause serious harm individually or socially; and (b) the Defendant was in possession of approximately 138g of psychotropic drugs for sale to others; and (c) the Defendant’s liability for the instant crime is not mitigated; (d) the Defendant is against the Defendant’s depth while making a confession of the instant crime; (b) the Defendant was not distributed at the time after the entire seizure of the instant psychotropic drugs possessed by the Defendant; (c) there was no criminal history beyond the fine; (d) there was no criminal history of the Defendant; and (e) there was no criminal history of the same kind; and (e) all of the sentencing conditions under Article 51 of the Criminal Act and sentencing guidelines for the enactment of the Supreme Court Sentencing Committee.

Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.