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(영문) 부산지방법원 2015.10.29 2015노2834

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one hundred months of imprisonment and additional collection) is too unreasonable.

2. The fact that the defendant recognized all of the crimes of this case and reflects his mistake, the crime of this case was limited to a single-time medication, and the fact that the defendant is expected not to administer phiphones in the future is favorable to the defendant, but the defendant committed the crime of this case at once after release, even though he had had been punished several times for the same kind of crime before, in spite of the past the fact that the defendant had been punished several times for the same crime, the defendant committed the crime of this case at once after discharge, and the probation officer voluntarily stated the fact that the court below stated the medication, etc. It seems to have determined the punishment in consideration of the circumstances favorable to the defendant. Considering the equity of sentencing with the same and similar cases, the motive and circumstance of the crime of this case, the circumstance after the crime of this case, the defendant's age, character and behavior, environment, etc., the sentencing of the court below is too unreasonable.

3. 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.