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(영문) 부산지방법원 2018.01.26 2017노3927
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (one hundred months of imprisonment and additional collection).

2. In full view of the following circumstances: (a) the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion, taking into account the following circumstances: (b) the Defendant’s age character and character intelligent environment; (c) motive and means of committing the instant crime; and (d) the circumstances after committing the instant crime: (a) the Defendant’s motive and consequence of the instant crime; and (b) the period of sentencing indicated in the record, including the unfavorable circumstances (i.e., the Defendant’s conditional suspension of indictment for the instant crime of

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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