logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.07.21 2017노1444
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (one hundred months of imprisonment and one hundred thousand won of additional collection) imposed by the court below is too unreasonable.

2. The fact that the judgment is recognized for the crime and is against the law, and that the investigation of the relevant narcotics crime has been actively cooperated, etc. are favorable to the defendant.

However, the lower court appears to have determined a sentence in consideration of such favorable circumstances, and there is no change of circumstances that may be considered in the new sentencing after the sentence of the lower judgment, and narcotics-related crimes are highly likely to be socially malicious and re-offending. Therefore, a strict punishment is required. In particular, considering the fact that the Defendant has served four times as the same kind of crime, and other various circumstances that form the conditions for the sentencing in the instant case, such as the Defendant’s age, sex behavior, environment, family relationship, and circumstances after the crime, it is difficult to see that the lower court’s sentence is too unreasonable.

Therefore, we do not accept the above argument of the defendant's above sentencing.

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.

arrow