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(영문) 부산지방법원 2020.02.06 2019노3866
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (ten months of imprisonment, confiscation, and collection 400,000 won) is too unreasonable.

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

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment in consideration of the following: (a) the Defendant had the history of having been punished several times for the same kind of crime; (b) repeated administration of phiphonephones within a short time; and (c) failure to agree with the thief; (d) the Defendant was against the Defendant; and (e) the power of the same kind of narcotics was before 11 years; and (e) there is no new circumstance that

Considering the Defendant’s age, character and conduct, motive and background of the crime, and circumstances after the crime, etc. as revealed in the oral arguments at the lower court and the party hearing, the sentence imposed by the lower court is not hot, as it takes place within the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

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