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(영문) 부산지방법원 2019.09.19 2019노1277
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the summary of the grounds for appeal (a year of imprisonment with prison labor and an additional collection) is unreasonable;

2. The lower court determined that the sentence was chosen within the scope of the recommendation range set by the sentencing guidelines and the applicable sentencing guidelines (ten months of imprisonment to three years).

The punishment was determined by taking into account the frequency of crimes, crimes during the suspension of execution, cooperation in investigation, and criminal records of the same kind.

Although the defendant asserted as a favorable factor in sentencing that he/she has cooperated with the investigation, it cannot be said that the content that the defendant has consulted with the investigation reaches the degree of reflection as a favorable factor in sentencing.

Even if this court re-examines the sentencing factors and other factors of sentencing which are set forth in the sentencing criteria, the determination of the original sentence is inappropriate.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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