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(영문) 부산지방법원 2018.04.27 2018노494
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 (10 months of imprisonment and confiscation) is too heavy.

2. In full view of all the circumstances indicated in the arguments and records of the instant case including the favorable circumstances (such as simple bearers) and unfavorable circumstances (such as the fact that the lower court may administer more than 17 times, and the fact that it is a crime during the period of suspension of execution) as stated in the grounds for sentencing, the Defendant’s age and character intelligence environment, the motive of the crime, the consequence of the motive of the crime, and the circumstances after the crime, 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.

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