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(영문) 부산지방법원 2020.11.20 2020노2847
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment of 1 year and 2 months, confiscation, additional collection of 16,67 won, Defendant B: imprisonment of 1 year and 1 year of additional collection of 166,67 won) is too unreasonable.

2. The lower court determined the Defendants’ punishment by taking into account the favorable and unfavorable circumstances to the Defendants, as seen above.

In full view of all the circumstances that are conditions for sentencing in this Court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there are no special changes in circumstances that may change the sentence of the court below.

(A) The court below’s sentencing is too large and does not seem to have exceeded the reasonable scope of discretion, considering the following as a whole: (a) the Defendants’ age, environment, background and consequence of the crime, and the grounds for sentencing revealed in the proceedings of the instant case, such as the circumstances after the crime, etc., are considered as having cooperated with the investigation of narcotics crimes by reporting Defendant A to the investigation agency.

The Defendants’ assertion of unreasonable sentencing is without merit.

3. The Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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