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(영문) 부산지방법원 2019.05.23 2019노906
마약류관리에관한법률위반(향정)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment, confiscation, and collection) is too unreasonable.

B. The sentence imposed by the Prosecutor (one year and two months of imprisonment, confiscation, and collection) is too unhued and unreasonable.

2. Determination

A. According to the records, the court below took into account various reasons for sentencing, such as the fact that the person committed the instant crime again during the period of repeated crime, the fact that the person was punished for the same kind of crime several times, the fact that the mistake was divided and reflected, etc., and determined punishment within the scope of the recommended sentencing guidelines for the enactment of the Supreme Court sentencing guidelines.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial at the original court, and considering the various reasons revealed in the oral proceedings, it does not seem that the sentencing of the lower court is too heavy or it goes beyond the reasonable scope of discretion due to the absence of any change in the conditions of sentencing.

C. Therefore, the argument of unfair sentencing is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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