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(영문) 부산지방법원 2019.05.31 2019노740
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment and additional collection) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the circumstances alleged by the Defendant as an element of sentencing were revealed in the hearing process of the lower court and sufficiently considered. There was no particular change in the situation that is the condition of sentencing after the sentence of the lower judgment.

In addition, although the defendant acknowledges the crime of this case, it reflects the mistake that the defendant does not repeat the crime of this case, the defendant has the records of punishment nine times for the same criminal offense, the defendant committed the crime of this case during the repeated crime period due to the same criminal record, the crime of this case is not easy to detect due to its characteristics, and it is highly likely that the crime of this case, such as narcotics, etc., such as the crime of this case, has a high risk of recidivism and has a significant negative impact on society as well as on society due to decoverability and toxicity, etc., comprehensively taking account of all the sentencing factors indicated in the arguments of this case, such as age, character, character, environment, circumstance and motive leading to the crime of this case, and circumstances before and after the crime, it cannot be said that the sentencing of the court below

Therefore, 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 since it is without merit. It is so decided as per Disposition.

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