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(영문) 부산지방법원 2015.12.03 2015노3577

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is that the defendant made a confession of all of the crimes in this case and is against depth, that the defendant did not deliver phiphones purchased by the defendant to another person, that the defendant does not intend to administer narcotics in the future, that the defendant expressed his will to do so, and that health is not good, etc., are favorable to the defendant, or that the defendant committed the crime in this case without being aware that he was punished ten times for the same crime in 2014, that the defendant was committed again during the repeated crime period without being aware that he was sentenced to punishment for the same crime in 2014, that in light of the sentencing of the same similar case, the court below seems to have determined the punishment by taking into account the circumstances favorable to the defendant in light of the sentencing of the same and similar case. In addition, considering the motive and circumstance of the crime in this case, the circumstances after the crime, the defendant's age, character and behavior, and environment, it cannot be deemed that 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.