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(영문) 부산지방법원 2017.04.14 2017노741

마약류관리에관한법률위반(향정)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant’s punishment (a year and two months of imprisonment, confiscation, and collection) is too heavy.

B. The Prosecutor’s sentence is too minor.

2. In full view of all the conditions of the argument and the records of the instant case including favorable circumstances (a confession, etc.), unfavorable circumstances (such as the same type of force, repeated offense, etc.) as stated in the grounds for sentencing, the lower court’s judgment exceeded the reasonable bounds of its discretion, in light of the following as a whole: (a) the Defendant’s age, character and intelligence environment; (b) motive means and consequence of the crime; and

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 and the Prosecutor’s assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.