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(영문) 부산지방법원 2018.04.06 2017노4701
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, confiscation, and collection) is too heavy or too weak (the Defendant) (the Prosecutor). 2. The Defendant cooperationed in the investigation by providing information about drug offenders at the trial.

However, considering these circumstances, the lower court’s sentencing judgment exceeded the reasonable limit of discretion, in full view of all the conditions of the pleadings and the records of the instant case including the Defendant’s age character and character, intelligent environment, motive means of crime, result of crime, and circumstances after the crime, etc., including the circumstances unfavorable to the Defendant (in the period of suspension of execution for the same type of crime, the fact that the phone was administered several times for the purpose of enjoying it, and that it was used by any other person) and favorable circumstances (including the fact of crime, etc.) as stated in the reasoning for sentencing.

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 and the Prosecutor’s assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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