logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2018.07.11 2018노174
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (a year and six months of imprisonment, and an additional collection) of the lower court is too heavy or unreasonable;

2. Determination

A. The sentencing guidelines established by the Sentencing Committee on the basis of Articles 81-2 and 81-6 of the Act on the Organization of Courts for the Determination of Sentencing (hereinafter “Sentencing guidelines”) are “reasonable, concrete, and objective setting” through “the procedures prescribed by the Act” and “public disclosure”. Judges shall respect the selection of the types of punishment and the determination of the sentence (see Articles 81-2 through 81-12 of the Court Organization Act). Where the court intends to state the grounds for sentencing in its written judgment, it shall state the grounds for sentencing in a way that expresses the relevant sentencing in a reasonable and persuasive manner (see, e.g., Supreme Court Decision 2010Do7410, Dec. 9, 2010). The sentencing guidelines are: (a) the scope of imprisonment with prison labor for a limited period of three years or more pursuant to the above recommendations for the reduction of Sentencing guidelines (see, e.g., Supreme Court Decision 2010Do7410, Mar. 1, 2017).

(c)

The judgment of the court below and the propriety of the judgment of the court below, and the facts that the family members and branch members of the defendant have submitted the written application in the trial, and the sentencing conditions and the trial of the party are shown in the arguments until the trial of the party.

arrow