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(영문) 부산지방법원 2015.07.10 2015노1385
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (one hundred months of imprisonment and additional collection) imposed on the accused by the court below is too unreasonable.

However, the circumstances are recognized, such as the fact that the Defendant made a confession of the entire crime of this case and reflects his mistake, and the crime of this case is that the Defendant administered a merpte (hereinafter referred to as “copon”) once.

However, the Defendant had a history of criminal punishment once for the same crime, one suspended sentence, one of the following facts: (a) the Defendant made a false statement at an investigative agency as to who was administered by the Defendant; (b) there are no special circumstances or changes in circumstances that may be newly considered after the lower judgment was sentenced; and (c) various sentencing conditions shown in the instant argument, such as equity in sentencing with the same or similar incidents; (b) the Defendant’s age, character and conduct, environment; (c) motive and circumstance of the crime; and (d) the scope of the recommended sentence according to the sentencing guidelines for the former Sentencing Guidelines (amended on April 13, 2015 and enforced on May 15, 2015). The scope of the recommended sentence falls under the basic area of “Medication, simple possession, etc.” of the former Sentencing Guidelines (amended on May 15, 2015 and enforced on May 15) and thus, the scope of the recommended sentence is from October 2 to October.

In full view of the lower limit, it is not recognized that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too large.

Therefore, the defendant's above assertion is not accepted.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, “the summary of evidence” of the judgment of the court below is “1. In addition, a prosecutor’s investigation report, calculation report of additional collection charges, and a monthly trend of narcotics” is added, and the “relevant legal provisions for facts of crime” of the same six lines are “the pertinent legal provisions for facts of crime and the choice of punishment”.

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