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(영문) 부산지방법원 2018.04.05 2018노107
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where 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 Decision 2015Do3260, Jul. 23, 2015, etc.). Considering the fact that the narcotics crime is highly harmful to the addiction and society, and that the Defendant’s history of punishment for a narcotics-related crime reaches three times, it is inevitable to punish the Defendant, and there is no new change in circumstances that may change the sentence of the lower court in the trial.

When comprehensively considering the sentencing conditions, such as the defendant's age, sexual conduct, environment, motive for the crime, and circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines, which are shown in these circumstances and the hearing of the court below and the party deliberation, the sentence imposed by the court below is not hot, because it takes place within the reasonable scope of discretion.

3. Accordingly, 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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