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(영문) 부산지방법원 2018.06.21 2018노1073
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. In a case where there is no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Narcotics crimes are highly harmful to the addiction and society, and the Defendant is punished nine times (six times of imprisonment with prison labor and three times of the suspension of the execution of imprisonment with prison labor). The instant crime constitutes a repeated crime.

When there is no special relationship or change of circumstances that can be newly considered in the trial of the party, and comprehensively takes into account the sentencing conditions, such as the defendant's age, occupation, health status (the mental division, etc. of the defendant), family relationship, motive for the crime, and circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines (one year to three years in the aggravated area), the sentence imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

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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