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(영문) 부산지방법원 2018.11.09 2018노3108

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 year and two months of imprisonment, confiscation, and collection) is too heavy.

2. In full view of the following circumstances: (a) the Defendant’s age and character intelligence environment; (b) motive means to commit the instant crime; and (c) the circumstances after committing the crime, including the circumstances after committing the crime, etc., the lower court’s judgment exceeded the reasonable bounds of its discretion, in light of the following factors: (a) the lower court’s judgment exceeded the reasonable bounds of its discretion; and (b) the court below’s judgment exceeded the 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.