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(영문) 부산지방법원 2014.05.15 2014노515

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

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

Judgment

In light of the fact that the Defendant made a confession of all of the crimes of this case, and the fact that the Defendant appears to arrest the upper line in cooperation with the investigation is favorable to the Defendant, but there is a history of criminal punishment over 15 times in total, including the 11-time punishment period 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 one year of imprisonment for the same kind of crime, and in light of the sentencing of similar cases, the lower court appears to have determined the punishment by taking into account the favorable circumstances for the Defendant in light of the sentencing of the same kind of crime. In addition, considering the motive and circumstance of the crime of this case, circumstances after the crime of this case, the Defendant’s age, character and conduct, and environment, etc., as well as the various circumstances, which are the conditions for the sentencing specified in the records and arguments

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