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(영문) 부산지방법원 2018.04.26 2017노4890
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Considering that the Defendant’s history of punishment for narcotics-related crimes reaches nine times (criminal penalty) and the Defendant committed a repeated offense in the detention house, and that there is no new change in circumstances that could change the sentence of the lower court in the trial.

When comprehensively considering the sentencing conditions, such as the defendant's age, motive of the crime, and equality in the case where the judgment is to be judged at the same time with the previous conviction in the judgment of the court below, the sentence imposed by the court below is considered within the reasonable scope of discretion, and is not hot.

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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