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(영문) 부산지방법원 2019.07.25 2019노1568
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and four months imprisonment, and one hundred thousand won additional collection) is too unreasonable; and

2. Determination

A. According to the records, the lower court, even though there have been several times the history of punishment for the same kind of crime, has committed the crime of this case at the same time during the repeated crime period, divided and reflected the errors, and determined the punishment within the scope of the recommended sentencing guidelines according to the sentencing guidelines set by the Supreme Court Sentencing Committee.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

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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