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(영문) 부산지방법원 2017.07.05 2016노5109
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy in the lower court’s punishment (a year and two months of imprisonment, and additional collection).

2. In full view of all the circumstances in the arguments and records of the instant case including favorable circumstances (e.g., the number of persons committing philophones, the agreement with the victim interfering with duties, etc.) and unfavorable circumstances (e.g., the same type of force, repeated crime, and the addiction status of the defendant), as stated in the grounds for sentencing, the judgment of the lower court exceeded the reasonable bounds of its discretion, in light of the following: (a) the Defendant’s age character and character intelligent environment; (b) motive and means of committing the crime;

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. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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