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(영문) 부산지방법원 2020.06.26 2019노3273
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Although the Defendant filed an appeal against the lower judgment on October 8, 2019, and received lawful notification of the receipt of the trial record from the lower court on October 23, 2019, the Defendant did not submit the statement of grounds for appeal within the 20-day period for submitting the statement of grounds for appeal under Article 361-3(1) of the Criminal Procedure Act, and the petition of appeal does not contain any indication of the grounds for appeal, and even if ex officio examination is conducted, there is no ground for ex officio investigation.

Therefore, the defendant's appeal should be dismissed pursuant to Article 361-4 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is sentenced, the dismissal of appeal shall not be decided separately, and the judgment shall be sentenced together.

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a period of three years, etc.) is too uneased and unreasonable.

B. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances to the Defendant.

In full view of all the circumstances that serve as conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the sentence of the court below.

In addition, even if comprehensively considering the sentencing factors revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and consequence of the crime, the circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion because it is too unhued.

The prosecutor's assertion of unfair sentencing is without merit.

3. The appeal filed by the defendant and the prosecutor is without merit, and 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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