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(영문) 부산지방법원 2020.01.09 2019노2463
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In the trial, there was no change in circumstances or normal relationship that may change the sentence of the lower court in the trial, and considering, in full view of the following factors: (a) the reasons for sentencing as stated in the lower court’s detailed statement in the reasoning for sentencing, the Defendant’s age, character and conduct, records of the crime, attitude of the trial, the circumstances of the crime, and the circumstances after the crime, the sentence imposed by the lower court is not heavy, and is performed within the reasonable scope of discretion

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

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