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(영문) 부산지방법원 2014.10.02 2014노1783

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

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

Judgment

In light of the sentencing of the same and similar cases, the court below committed the crime in this case since the defendant was sentenced to imprisonment for the same kind of crime not less than 1 year and 3 months after release without being aware of the fact that the defendant committed the crime in this case, which is against the depth while making a confession of all of the crimes in this case, the fact that the crime in this case was committed once for the delivery of phiphonephones and the simple medication, etc., are favorable to the defendant, or that the defendant was punished more than 22 times, including the 10 times of punishment. In particular, the defendant was sentenced to imprisonment for the same crime in the same kind of crime and not more than 1 year and 6 months after release, and it seems that the court below determined the punishment by taking into account the circumstances favorable to the defendant in light of the sentencing of the same kind of crime in this case, and other various circumstances, which are the conditions of sentencing specified in the records and arguments of this case such as the motive and process

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