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(영문) 부산지방법원 2018.05.18 2018노109
마약류관리에관한법률위반(향정)
Text

The prosecutor'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 three years of suspended sentence) is too minor.

2. In full view of all the conditions of the argument and the record of the instant case including the favorable circumstances (such as the type of punishment and the fact that there was no criminal record exceeding the fine, the simple one-time medication, etc.) presented by the lower court on the grounds of sentencing, the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion, in light of the following: (a) the Defendant’s age character and character environment; (b) the motive and means of motive

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 prosecutor’s assertion is without merit.

3. As such, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the court below. However, since it is apparent that the omission of the collection portion in the disposition of the court below is a clerical error in light of the summary of evidence stated in the judgment below and the application of the law, etc., pursuant to Article 25(1) of the Rules on Criminal Procedure, the court below’s order of Paragraph 2 of the judgment below

“The addition of “ shall be corrected by correction)”.

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