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(영문) 부산지방법원 2018.04.06 2018노277
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year, three months, and additional collection) is too heavy.

B. The Prosecutor’s sentence is too minor.

2. In full view of all the circumstances in the arguments and records of the instant case including the favorable circumstances (the fact that the lower court is a simple medication and a purchase crime) and unfavorable circumstances (the fact that it is a repeated crime of the same kind, the quantity of purchased philophonephones) 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 age and character character intelligence environment; (b) motive means of crime; and (c) the circumstances after crime.

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 and the Prosecutor’s assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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