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(영문) 부산지방법원 2018.07.13 2018노443
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (one year of imprisonment and additional collection).

2. The Defendant recognized the instant crime and actively cooperated in the investigation process, such as informing the superior ship during the investigation process.

However, even if considering the above circumstances, the Defendant had the record of having been sentenced to imprisonment several times for the same kind of crime, and the lower court’s judgment exceeded the reasonable bounds of discretion, in full view of all the arguments of this case and the conditions of sentencing indicated in the record, including the Defendant’s age character and character intelligent environment, motive means of crime, consequence of crime, and circumstances after crime, including favorable circumstances (a simple one-time medication) and unfavorable circumstances (i.e., the same type of repeated crime, etc.) as stated in the reasons for sentencing.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

3. In conclusion, 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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