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(영문) 부산지방법원 2018.06.07 2018노417
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, three years of suspended execution, and observation of protection) on the summary of the grounds for appeal is too unfased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where 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.). In light of the addiction of narcotics and the harm caused by medication of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated, and the Defendant repeatedly committed the instant crime even though he/she had the history of being punished for a single suspended sentence and three times of punishment due to the same kind of crime, and even if he/she had the history of being punished for a single suspended sentence and three times of punishment, even if he/she repeatedly committed the instant crime, he/she did not merely commit the simple medication of the

However, there are no new changes in circumstances that make it possible for the defendant to change the punishment of the court below in the trial, and there are no new changes in circumstances in the defendant's name and family members.

In addition, when comprehensively considering various sentencing conditions, such as the defendant's age, occupation, family relationship, living environment, and criminal record, the sentence of the court below cannot be deemed to have exceeded the reasonable scope of discretion or to be unfair because it is too low.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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