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(영문) 부산지방법원 2017.11.09 2017노2309
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of suspended sentence in October, and observation of protection) on the summary of the grounds for 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 where the sentencing of the first instance 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). It is reasonable to respect the Defendant in a case where the sentencing of the first instance does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant recognized the Defendant’s deep reflects the Defendant’s criminal act, and the Defendant’s health is not good due to traffic accidents, but the nature of the crime committed by administering phiphonephones is not easy, and the Defendant has the history of suspended the execution of imprisonment with prison labor for the same kind of crime

It is difficult to see, and there is no new change in circumstances that can change the punishment of the court below in the trial.

When comprehensively considering these circumstances, Defendant’s age, sex, environment, motive of crime, etc., and the scope of recommended sentences according to sentencing guidelines, the lower court’s sentence is too unreasonable.

3. Accordingly, 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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