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(영문) 부산고등법원(창원) 2020.11.27 2020노103
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A: The sentence imposed by the lower court on the grounds of unreasonable sentencing (three years of imprisonment) is too unreasonable.

B. Of the judgment of the court below, the part concerning the crime No. 3 of the judgment of the court below in the case No. 2019Gohap239: Defendant B of erroneous determination of facts is only V (hereinafter “V”) located in Kimhae-si on March 28, 2019.

() There is no fact that he sells synthetic marijuana to W in the parking lot. Nevertheless, the lower court’s judgment convicting this part of the facts charged solely with the statement and W’s statement was erroneous (the Defendant’s defense counsel also stated in the grounds for appeal that it was erroneous to recognize the probative value of each of the above statements without credibility and thus, it ultimately contests the lower court’s factual recognition). 2) Each sentence (including the allegation of mistake of facts) sentenced by the lower court of unfair sentencing (including the allegation of mistake of facts), which was sentenced by the lower court of unfair sentencing, against the crimes of Articles 1 and 2, 2, 3, and 3, of imprisonment for two years and six years of suspension of execution, and imprisonment for the crimes of Articles 3, 3, and 2).

2. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court on the grounds of appeal by Defendant A, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court: (a) under the circumstances that Defendant A sold synthetic marijuana over six times during the relatively short period of suspension of the execution of imprisonment for a crime related to narcotics in 2013, and provided X-gus; (b) narcotics-related crimes are unlikely to detect, but are highly likely to repeat, and are highly harmful to the society as well as the relevant individual due to decliability and toxicity; and (c) Defendant A both recognize and reflects the instant crime; and (d) synthetic marijuana.

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