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(영문) 부산지방법원 2018.06.22 2018노1468
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 (in each case, 6 months of imprisonment, confiscation, and collection) is too heavy or too minor (public prosecutor). 2. The lower court’s sentencing judgment exceeded the reasonable bounds of discretion in light of all the arguments and all the conditions of sentencing as shown in the records of the instant case including the favorable circumstances (one time of simple medication and one holder, equity in the case where the judgment is rendered simultaneously with the crime for which the judgment became final and conclusive) in the grounds for sentencing, unfavorable circumstances (such as the fact that the phonephone in possession is considerable to the extent that it can be administered ten times in 10 times, the fact that the phonephone is a same repeated offense, the likelihood of repeating a crime is high).

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. As such, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure: Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, the court below’s ex officio decision on February 27, 2018, “No. 5, 2018.”

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