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(영문) 부산고등법원 (창원) 2019.09.25 2019노225
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination of the facts that the Defendant led to the confession and reflect of each of the crimes in this case, and that there is no same criminal record except that a summary order of KRW 2 million has been issued due to a violation of the Act on the Control of Narcotics, etc. (mariana) in 2009.

On the other hand, each of the crimes of this case committed by the defendant using synthetic marijuana over eight occasions, and possessing synthetic marijuana more than 280g in total, in view of the frequency of using synthetic marijuana and the quantity of synthetic marijuana possessed by the defendant, which have a significant impact on the public health, and in particular, narcotics-related crimes are highly likely to be misused and abused as psychotropic drugs that lack the safety of synthetic marijuana used and possessed by the defendant, and cause severe physical or mental dependence upon the misuse or abuse of them, and committed again the crimes of this case at least once that the defendant was arrested to the police on December 23, 2018 due to the use and possession of synthetic marijuana, and each of the crimes of this case is a crime committed during the period of repeated crime, which is disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, character, conduct and environment, motive, means and consequence of each of the instant crimes, all of the sentencing conditions shown in the instant arguments, such as the circumstances after the commission of the crime, and the scope of recommended sentences according to the sentencing guidelines established by the Supreme Court Sentencing Committee (one to five years and six months), etc., the sentence imposed by the lower court against the Defendant is appropriate, and it is not determined that the sentence imposed by the lower court is too heavy or too unreasonable.

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit.

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