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(영문) 부산지방법원 2015.08.19 2015노1944
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (one hundred months of imprisonment and additional collection) imposed on the accused by the court below is too unreasonable.

However, the following facts are recognized: (a) the Defendant led to the instant crime and reflects his mistake; and (b) the Defendant voluntarily attended the investigative agency on March 24, 2015, following the instant crime, voluntarily surrenders to the police.

However, on November 28, 2013, the Defendant has been sentenced to three times a sentence for the same crime and two times a suspended sentence, and in particular, on December 13, 2014, the Defendant committed the instant crime at once again during the period of the repeated crime, even though he/she completed the execution of the sentence on December 13, 2014 by committing a violation of the Act on the Control of Narcotics, Etc., in Busan District Court, which was sentenced to one year and four months ad hoc punishment, etc., and there is no special circumstance or change in circumstances that may be newly considered after the court below was sentenced, and other various sentencing conditions presented during the instant pleadings, such as equity in sentencing and sentencing between the same and similar cases, Defendant’s age, character and behavior, environment, motive and circumstance of the crime, etc., and the sentence imposed by the court below is within the scope of the recommended sentence under the sentencing guidelines (the period before the enforcement of the sentence on April 13, 2015) and the scope of the recommendation for two years ad sentence (3 years ad sentence).

In full view of the lower limit, it is not recognized that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too large.

Therefore, the defendant's above assertion is not accepted.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, “the summary of evidence” of the second sentence of the judgment of the court below is “1. The prosecutor’s investigation report and the calculation of additional charges.

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