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(영문) 부산지방법원 2019.06.20 2019노643
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and two months of imprisonment, confiscation, collection 200,000 won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined punishment in consideration of the following: (a) the Defendant reflects himself/herself; (b) the Defendant has been punished several times for the same kind of crime; and (c) the Defendant committed the instant crime despite having been committed during the period of repeated crime due to the same kind of crime; and (d) there is no change of circumstances or normal relationship

Considering the following factors, comprehensively taking into account the Defendant’s age, character and conduct, motive and background of the crime, records of the crime, and circumstances after the crime, the sentence imposed by the court below is not hot within the reasonable scope of discretion.

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

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