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(영문) 부산지방법원 2018.01.26 2017노4313
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (one hundred months of imprisonment and additional collection).

2. In full view of all the conditions of the arguments and the records of the instant case including favorable circumstances (i.e., reflectivity, the crime committed before seven days prior to the expiration of the period of repeated crime, the fact that it was committed once in one smoking, etc.) and unfavorable circumstances (such as several previous circumstances, the motive and means of the crime, and the circumstances after the crime) as stated in the grounds for sentencing, the lower court’s sentencing judgment exceeded the reasonable bounds of its discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, the “No. 10” in the part of “the pertinent statutory provisions on criminal facts and the choice of punishment” applicable to the application of the judgment below shall be corrected to “No. 3 subparag.

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