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(영문) 부산지방법원 2017.06.16 2017노210
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (the amount of KRW 15 million, confiscation, and collection) is too heavy.

B. The Prosecutor’s sentence is too minor.

2. In full view of all the arguments of this case and all the conditions of sentencing indicated in the records, including favorable circumstances (such as the absence of the record of narcotics-related crimes, the fact that the sentence of the court below appears to be a simple medication case by the court below, confession, reflectivity, etc.) as stated in the grounds for sentencing, such as the age character and character environment of the defendant, motive means of the crime, circumstances after the crime, etc., the judgment of the court below exceeded the reasonable limit of discretion.

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. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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