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(영문) 부산지방법원 2015.12.17 2015노3471
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Although the Defendant made a confession of the instant crime, the Defendant had the same record as six times, and accordingly, despite the existence of repeated crime period, the Defendant again committed the instant crime in arrears and several months after release, the lower court determined the sentence by fully taking into account the circumstances favorable to the Defendant, and there is no change of circumstances that may vary between the lower court and the sentence in the first instance trial. The lower court’s punishment is the highest between one year and three years, which is the recommended range in the sentencing guidelines, and it cannot be deemed that the lower court’s punishment is particularly heavy even if following the highest sentence, and in full view of other various factors, such as the Defendant’s age, character and behavior, character and environment, intelligence and environment, motive, means and consequence of the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is deemed reasonable, and the Defendant’s assertion of unreasonable sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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