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(영문) 부산지방법원 2018.02.09 2017노3864

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 hundred months of imprisonment and additional collection) is too heavy.

2. In full view of all the conditions of the argument and the record of the instant case including the favorable circumstances (i.e., self-denunciation) and unfavorable circumstances (i.e., the Defendant’s age character and character environment, motive means of crime, results of crime, and circumstances after the crime), the lower court’s judgment exceeded the reasonable bounds of its discretion, given that the lower court’s judgment exceeded the reasonable bounds of its discretion.

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.