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(영문) 부산지방법원 2020.11.12 2020노2808
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the gist of the grounds for appeal (unfair punishment: imprisonment with prison labor for a period of one year and two months, confiscation, and collection of penalty) is unreasonable;

2. The sentence sentenced by the court below is within the recommended range (one to five years) according to the sentencing guidelines set out in the attached Form.

In consideration of the defendant's reflectivity, the punishment was imposed in consideration of the same repeated crime period.

The court below did not err in selecting and applying sentencing factors.

Although the defendant asserts the circumstances that family members reported in a self-denunciation, it is difficult to view that the sentencing decision of the court below is changed.

Even if this court re-examines the sentencing factors and other factors of sentencing that are set forth in the sentencing guidelines for the crime of violation of the Act on the Control of Narcotics, etc., the amount of the original sentence is not unreasonable.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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