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(영문) 부산지방법원 2018.10.11 2018노2901

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant on the summary of the reasons for appeal (the imprisonment of eight months and the collection of 100,000 won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, a written application for a written confirmation on the medical treatment of the Defendant’s mother and the Defendant’s relatives, etc. was presented at the trial court, which does not constitute a special change in circumstances that could change the sentence of the lower court, and there is no change in the conditions of sentencing compared with the lower court’s judgment as the submission of new sentencing data, and the sentencing of the lower court is not unfair because the sentencing of the lower court exceeded the reasonable scope of discretion, comprehensively taking account of the reasons revealed in the oral proceedings of the instant case.

Therefore, the defendant's argument of sentencing 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.