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(영문) 부산지방법원 2018.02.21 2017노4909
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a prison term of eight months and additional collection) is too heavy.

2. In full view of all the conditions of the argument and the record of the instant case including the favorable circumstances (a confession, simple medication, etc.) and unfavorable circumstances (a previous conviction, a crime during the period of suspension of execution, etc.) as stated in the grounds for sentencing, the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion, in light of the following: (a) the Defendant’s age character and character, intelligence environment, motive means of crime, and consequence of the crime

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. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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