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(영문) 부산지방법원 2020.08.27 2020노1322
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the summary of the grounds for appeal (unfair punishment for one year and six months, confiscation, and collection of penalty) is unreasonable;

2. The sentence sentenced by the court below is within the recommended range of punishment according to the attached sentencing guidelines (from October to August).

In consideration of the accused's reflectivity, family members, etc., punishment was imposed in consideration of the period of repeated crime, the amount of penphones possessed, the same criminal power, etc.

The court below did not err in selecting and applying sentencing factors, and there is no change in sentencing factors in the appellate court.

Even if this court re-examines the sentencing factors and other factors of sentencing which are set forth in the sentencing criteria, the determination of the original sentence is inappropriate.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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