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(영문) 부산지방법원 2018.03.29 2018노77
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year 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 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 Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Narcotics crimes are highly harmful to their addiction and society, the Defendant’s history of punishment for the same kind of crime has reached six times (five times of imprisonment, five times of fine, and one time of fine). In particular, considering the fact that the Defendant was sentenced to imprisonment with prison labor for the same drug crime on October 29, 2015 and was released from the office on January 26, 2016, it is inevitable to punish the Defendant significantly, and there is no change in circumstances that may change the sentence of the lower court in the first instance court.

When comprehensively considering the sentencing conditions, such as the defendant's age, environment, health conditions (contestation) and motive for the crime, as shown in the arguments of the court below and the court below, and the scope of the recommended punishment according to the sentencing guidelines (aggravating area, one year to three years), the sentence imposed by the court below is not severe 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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