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(영문) 부산지방법원 2015.05.29 2015노515
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (one year, six months of imprisonment, confiscation, and collection) shall be too unreasonable.

However, it is recognized that the circumstances such as the Defendant’s confession of the entire facts charged in the instant case, and the fact that his mistake is repented in depth, and that all marijuana possessed by the Defendant appears to have been seized.

However, the defendant has a history of punishment one time and one suspended sentence for the same crime. The crime of this case is that the defendant cultivated marijuana and smokes it. Since marijuana held by the defendant has a considerable amount of about 4,61.3g, the nature of the crime is very poor in light of the method and content of the crime, there are no special circumstances or changes in circumstances after the decision of the court below, etc., and various sentencing conditions shown in the arguments of this case, such as equity in sentencing with the like and similar cases, the defendant's age, character and behavior, environment, motive, means and method of the crime, circumstances after the crime was committed, etc., and the sentence of the court below is within the scope of the recommended sentence according to the sentencing guidelines, ① the cultivation, possession, and smoking of marijuana, and the criteria for the treatment of the violation of the Act on Narcotics, etc. (the period of punishment of each Act prior to the enforcement of May 15, 2015).

In full view of internal points, it is not recognized that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too unreasonable.

Therefore, the defendant's above assertion is not accepted.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, under Article 25(1) of the Regulation on Criminal Procedure.

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