logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.10.19 2018노2806
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (a year and six months of imprisonment, confiscation, and collection KRW 300,000) is too unreasonable.

2. The lower court sentenced one year and six months of imprisonment in consideration of the circumstances favorable to the Defendant, unfavorable circumstances to the Defendant, and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court.

When comprehensively taking account of the following factors: (a) the lower court’s sentencing judgment exceeded the reasonable scope of discretion, including the fact that the Defendant voluntarily surrendered in the case of the 2018 Highest 2590 lower judgment; and (b) the fact that the Defendant cooperates in the investigation, such as informing the upper line, which is a book of sale of philophones, and the fact that the sentencing of the lower court exceeded the reasonable scope of discretion.

There is no other circumstance in which the lower court’s determination is deemed unfair or that it is deemed unfair to maintain the judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Moreover, considering the Defendant’s age, sex, environment, background and consequence of the crime, circumstances after the crime, etc., the lower court’s sentencing is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Article 48(1) and (1) of the Criminal Procedure Act on the ground that the Defendant’s appeal is dismissed under the foregoing paragraph (Article 25(1) of the Criminal Procedure Act on the ground that “No. 2018 J. 1-1” of the judgment of the court below is corrected ex officio pursuant to Article 25(1) of the Regulations on the Criminal Procedure as follows: (i) two disposable injections (Evidence No. 1788 of the Busan District Public Prosecutor’s Office No. 178 of the Busan District Public Prosecutor’s Office No. 2018), “one disposable injections from which he/she was sentenced; (ii) the above judgment becomes final and conclusive at that time; and (iii) the period of application of the Act is apparent to have been added by mistake.

arrow