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(영문) 부산지방법원 2018.10.18 2018노2893
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Narcotics crimes are highly harmful to their addiction and society.

Although the Defendant had been punished twice for a drug-related crime, he/she committed the instant crime, and constitutes the same repeated crime.

In the absence of special circumstances or changes in circumstances that may be newly considered in the trial of a party, the sentencing conditions, such as the defendant's age, motive for committing the crime, health conditions (caturology), and family relationship, and the scope of the recommended punishment based on the sentencing guidelines (one year to five years), are considered comprehensively, and the punishment imposed by the court below is not heavy within the reasonable scope of discretion.

3. Accordingly, 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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