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(영문) 부산지방법원 2018.08.23 2018노1946
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Narcotics crimes are highly harmful to their addiction and society.

Although the Defendant had been punished several times for a drug-related crime, he/she committed the sales and possession of the instant drug, and there is no special relation or change of circumstances to be newly considered in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the Defendant’s age (the age of 83), health conditions (pulmonary cancer), and family relations, and the scope of the recommended punishment according to the sentencing guidelines (from October to March, 3), the punishment imposed by the lower court is heavy and is conducted within the reasonable scope of the discretion.

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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