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(영문) 부산지방법원 2018.07.19 2018노1770
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) 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, etc.). A narcotics crime is highly harmful to the addiction and society, and the Defendant has the history of punishment for a drug-related crime four times (one time of imprisonment and three times of suspension of the execution of imprisonment). The instant crime constitutes a repeated crime.

In the absence of special circumstances or changes in circumstances that may be newly considered in the trial of the political party, and the sentencing conditions of the defendant, such as the age, health status, motive of the crime, and circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines (aggravating area, one year to three years) are comprehensively considered, the sentence that the court below rendered is not hot, as it takes place within the reasonable scope of discretion.

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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