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(영문) 부산고등법원 2016.08.18 2016노361
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of four years and six months) is too unreasonable.

2. The judgment of the court below is not supported by the court below, considering the following circumstances: (a) there are circumstances in which the defendant was involved in the crime of this case; (b) the philophone imported by the defendant was entirely seized and not distributed to others; (c) the nature and risk of the crime of this case, the role and proportion of the defendant in the crime of this case, and the balance of punishment with other accomplices, etc.

Ultimately, the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the conditions of the sentencing as shown in the court below’s sentencing review process and the sentencing guidelines.

It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.

3. Accordingly, the Defendant’s appeal is dismissed (Article 364(4) of the Criminal Procedure Act).

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