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(영문) 부산지방법원 2018.12.07 2018노3712
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 (two years of imprisonment and additional collection) is too heavy.

2. In full view of the circumstances that the lower court’s judgment exceeded the reasonable bounds of discretion and the overall conditions of the pleadings and records of the instant case, including the Defendant’s age character and character environment, the motive and means of crime, the result of the crime, and the circumstances after the crime, etc., including the circumstances unfavorable to the Defendant (in light of the method of the crime, etc., the nature of the crime is not good, the fact that the crime is committed during the period of repeated crime, the fact that there are many kinds of records, etc., and the risk of repeating the crime is highly high) and favorable circumstances (the fact that confessions and reflects the Defendant’s age

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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