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(영문) 부산지방법원 2014.09.04 2014노2430

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (one year and two months of imprisonment, confiscation, and collection) is too unreasonable.

Judgment

In light of the circumstances favorable to the defendant, such as the fact that the defendant made a confession of all of the crimes of this case, there was a history of criminal punishment for a total of 19 times, including the fact that the defendant was punished nine times for the same crime. In particular, the defendant committed the crime of this case without being aware of the fact that he was sentenced to two years of imprisonment for the same crime, and that the amount of phiphonephones possessed by the defendant was not indicated as 4.11g; the court below seems to have determined the punishment in consideration of the circumstances favorable to the defendant in light of the sentencing of the same similar case; and in consideration of the motive and background of the crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, and environment, etc., the sentencing of the court below is too unreasonable.

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