logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.08.27 2015노1945
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant has led to the crime of this case, that the defendant has long been suffering from pulmonary tuberculosis and thus has lost the function of one side of the pulmonary tuberculosis, and that he suffers from leulty, etc.

However, in light of the fact that the defendant has a large number of the same kinds of records for the defendant, the crime of this case was committed during the repeated crime period, and the addiction of narcotics and the harm caused by medication of narcotics, etc., it is necessary to strictly punish and eradicate the crime related to narcotics. The sentence of the court below is the lowest of one year and six months to seven years according to the sentencing guidelines in accordance with the sentencing guidelines guidelines for a large number of narcotics crimes, and it cannot be deemed that the court below's punishment is particularly heavy even if following the guidelines. In full view of other factors such as the defendant's age, character and behavior, intelligence and environment, the motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., it is determined that the sentence of the court below is appropriate.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. 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.

arrow