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(영문) 부산지방법원 2018.02.21 2017노4504
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 (one year of imprisonment and additional collection) is too heavy.

2. In full view of all the circumstances in the arguments of this case and the records, including the favorable circumstances (the simple medication) and unfavorable circumstances (the previous offense, the repeated offense, etc.) as stated in the grounds for sentencing, the lower court’s judgment exceeded the reasonable bounds of its discretion, in light of the following: (a) the Defendant’s health and character character and intelligent environment including the Defendant’s health; (b) the motive and means of committing the crime; and (c) the circumstances after

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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