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(영문) 부산지방법원 2018.11.09 2018노3592
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 hundred months of imprisonment and additional collection) is too heavy.

2. In full view of all the arguments of this case and the sentencing conditions indicated in the records, including the unfavorable circumstances (the fact that the court below is a crime during the suspension period of the execution of the same species, the fact that there are many kinds of crimes, etc.) and favorable circumstances (the fact that a single medication is not good, the health condition is not good, the intent of the short-term medication is avoided, and the defendant complies with the instruction and supervision of the protection observation officer before the commission of the crime of this case) as well as the character and character age of the defendant, the intelligent environment of the defendant, the motive and means of the crime, the consequence of the crime, the circumstances after the crime, etc., the judgment of the court below exceeded the reasonable limit

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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