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(영문) 부산지방법원 2018.04.06 2018노491
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 hundred months of imprisonment and additional collection) is too heavy.

2. Taking into account the fact that the Defendant expressed the upper line in the trial, the lower court’s sentencing judgment exceeded the reasonable bounds of its discretion in light of all the circumstances of the pleadings and the records of the instant case, including the Defendant’s age, character and character intelligent environment, motive and consequence of the commission of the crime, and circumstances after the commission of the crime, etc., including the unfavorable circumstances (such as the sales of philophones in the upper line, the sales of philophones can be administered 10 times) as stated in the reasons for sentencing.

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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