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(영문) 부산지방법원 2018.11.21 2018노3373
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment and additional collection) is too heavy.

2. The decision-making defendant provided information on the upper line during the investigation process and arrested the upper line.

However, the Defendant had been punished twice due to the drug medication, but completed the execution of the sentence and repeated the same crime within the short term after being released from the prison.

In addition, the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion in full view of all the conditions of the arguments and the sentencing indicated in the records, including the favorable circumstances (a reflects on the grounds of sentencing, cooperation in investigation, etc.) and unfavorable circumstances (the same type of repeated crime, etc.) as well as the Defendant’s age character and character environment, motive and means of crime, circumstances after crime, etc.

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’s assertion is without merit.

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

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