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(영문) 부산지방법원 2018.05.17 2018노799
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Narcotics crimes are highly harmful to the addiction and society, the Defendant’s history of punishment for the same kind of crime has reached seven times, and the Defendant has been punished for the same kind of repeated crime, etc., and there is an inevitable punishment for the Defendant, and even though the Defendant was informed of the phone supplier at the first instance court to cooperate in the investigation, it is difficult to change circumstances that could change the sentence of the lower court.

In addition, when comprehensively considering the conditions of sentencing and the scope of recommended sentences according to the sentencing guidelines, such as the character and conduct of the defendant, the background leading up to the crime, the circumstances after the crime, family relations, and health conditions, as shown in the deliberation by the court below and the party, the punishment imposed by the court below was conducted within the reasonable scope of discretion and is not hot

3. According to the 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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