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(영문) 부산지방법원 2015.10.30 2015노2847
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two months of imprisonment and additional collection) is too unreasonable.

2. It is recognized that the circumstances, such as the confession of the Defendant to the instant crime, the violation of his mistake, the voluntary appearance at the investigative agency, and the Defendant’s administration of approximately 0.05g of the Meptamins, etc. are acknowledged.

However, the Defendant committed the instant crime at the Busan District Court on August 14, 2014, even though the said judgment was sentenced to two years of a suspended sentence due to a violation of the Act on the Control of Narcotics, etc. on the Aggravated Punishment, etc. on the grounds of a violation of the Act on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, which became final and conclusive on August 22, 2014, and there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment, and other various sentencing conditions shown in the instant pleadings, such as equity in sentencing with the same and similar cases, Defendant’s age, character and conduct, environment, motive and circumstance of the crime, etc., and the sentence imposed by the lower court on the following grounds: the scope of sentencing guidelines for the former narcotics crime under the sentencing guidelines (amended on April 13, 2015 and enforced on May 15, 2015).

In full view of the fact that the sentence imposed by the court below seems to deviate from the lower limit, it is not recognized that the sentence imposed by the defendant is too unreasonable.

Therefore, the defendant's above assertion is not accepted.

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

However, under Article 25 (1) of the Regulation on Criminal Procedure, the judgment of the court below is written.

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