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(영문) 부산지방법원 2015.04.17 2015노26
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and two months of imprisonment, confiscation and collection) is too unreasonable.

2. However, although the defendant recognized the crime of this case and reflects on the fact that the defendant has been subject to criminal punishment four times for the same kind of crime, narcotics-related crimes require strict punishment because of serious social harm caused by the toxicity of narcotics, etc. and high risk of undermining the health and social safety of the people, etc., and other various sentencing conditions specified in the arguments of this case, such as equity in sentencing with the same and similar cases, age, character and behavior of the defendant, character and behavior, environment, motive, means and method of the crime, circumstances after the crime, etc., and the sentencing range of the court below's sentencing guidelines according to the sentencing guidelines. (1) The scope of recommendation and sentence of the crime of violation of the Act on the Control of Narcotics, etc. by sale falls under the basic area of "trade and brokerage, etc." of the sentencing guidelines for narcotics-related crimes, and thus, the scope of recommendation and sentence shall be limited to 1 to 2 years of imprisonment, 3 years of imprisonment, and 1 to 3 years of final sentencing guidelines.

In full view of internal points, the sentence imposed by the court below is deemed to be appropriate, and it is not recognized that the sentence imposed by the court below is too unreasonable.

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

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

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