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(영문) 부산지방법원 2019.07.12 2019노1298

마약류관리에관한법률위반(향정)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one hundred months of imprisonment, etc.) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances to the Defendant.

In the instant appellate trial, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data, and in full view of the factors revealed in the course of the pleadings in the instant case, it does not seem that the lower court’s sentence is hot or unhued and exceeded the reasonable scope of discretion.

Each argument of unfair sentencing by the defendant and prosecutor is without merit.

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