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(영문) 부산지방법원 2016.01.14 2015노3964
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The judgment of the court below that the defendant led to the crime of this case, and that the defendant needs to support his family, etc. is favorable to the defendant, but the defendant, despite the fact that the crime of narcotics was committed in favor of the defendant, and the defendant again administered phiphones despite being taken by the judgment of the suspension of execution by the court, considering the circumstances favorable to the defendant, the court below has determined the punishment considering sufficient consideration, and there is no change of circumstances that may vary between the court below and the punishment. The court below's punishment of the court below is particularly heavy even if it complies with it as the lowest limit of the sentencing guidelines between October and three years, which are the scope of the recommendation

In full view of the fact that the Defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is deemed reasonable. The Defendant’s improper assertion of sentencing is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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