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(영문) 부산지방법원 2019.02.14 2018노4126
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (one year of imprisonment and two hundred thousand won of additional collection) against the accused against 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 the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015. Based on the foregoing legal doctrine, the Defendant’s spouse, etc. submitted a written application seeking the Defendant’s preference against the Defendant at the lower court’s trial, but this does not constitute a special change in circumstances that could change the lower court’s punishment, and there is no particular change in sentencing conditions compared with the lower court’s sentencing conditions because new sentencing data have not been submitted. In full view of the factors revealed in the pleadings in the instant case, the lower court’s sentencing is too unreasonable because it goes beyond the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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