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(영문) 부산지방법원 2020.09.11 2020노1883
마약류관리에관한법률위반(향정)등
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 six months of imprisonment, confiscation, collection 200,000 won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s given that no new sentencing data was submitted in the trial after the lower court was sentenced, and considering comprehensively the factors of sentencing in the course of the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive for committing an offense, and circumstances after committing an offense, the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion, as it is too unreasonable.

Therefore, 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 as it is without merit. It is so decided as per Disposition.

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