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(영문) 부산지방법원 2018.12.07 2018노3579
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the lower court (one year of imprisonment, confiscation, and collection) is too heavy.

2. In full view of the circumstances favorable to the reasons for sentencing (i.e., simple medication and possession, and the apparent relationship between family members) and unfavorable circumstances (the crime of this case during the period of suspension of execution due to the crime of the same kind, which is highly likely to repeat the crime of this case), including the Defendant’s age, character and intelligence environment, motive means and consequence of the crime, and circumstances after the crime, etc., the lower court’s judgment exceeded the reasonable bounds of its discretion.

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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