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(영문) 부산지방법원 2020.01.31 2019노3419
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment, and one hundred thousand won of additional collection) is too unreasonable.

2. The judgment of the defendant is recognized that the defendant led to the crime of this case and reflects against the defendant, and that the person who committed narcotics is arrested by the defendant's active investigation cooperation.

However, the Defendant committed the instant crime without being aware of the fact that he had been already punished 16 times for the same crime (15 times of imprisonment and one fine), and committed the instant crime during the period of repeated crime. Narcotics-related crimes are highly likely to repeat a crime due to their toxicity, etc. and have a high risk of harm to the individual’s society, and thus, there is a need for strict punishment. In full view of the sentencing factors indicated in the present argument process, such as the Defendant’s age, character and conduct, environment, motive for the crime, and circumstances after the crime, even considering the favorable circumstances as seen earlier, the lower court’s punishment against the Defendant is too excessive and cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, 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 since it is without merit. It is so decided as per Disposition.

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