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(영문) 부산지방법원 2018.09.14 2018노2285
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (one year and two months of imprisonment, confiscation, collection 100,000 won) is too unreasonable.

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court on the grounds that new materials for sentencing have not been submitted in the trial, and in full view of the factors revealed in the arguments in the instant case, the lower court’s sentencing was too too excessive and exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (Article 25(1) of the Criminal Procedure Act on the ground that “(No. 1)” in the judgment of the court below is a clerical error of “the Changwon District Court” and “the Changwon District Office’s Office of Public Prosecutor’s Office” in the Disposition No. 2 in the judgment of the court below is a clerical error of “the violation of the Act on the Control of Narcotics, Etc.” in the 1, 2, and “the violation of the Act on the Control of Narcotics, etc.”. Thus, it is obvious that the correction is made ex officio pursuant to Article 25(1) of the Regulations on the Criminal Procedure.

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