beta
(영문) 부산지방법원 2014.10.16 2014노2844

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 the crimes of this case, and that the amount and the frequency of administration of penphones administered by the Defendant are favorable to the Defendant, or that the Defendant had been subject to criminal punishment for a total of 12 times including the past seven times of punishment for the same kind of crime. In particular, the Defendant committed the crime of this case without being aware of the fact that he was sentenced for ten months of imprisonment for the same kind of crime, and in light of the sentencing of the same similar case, the lower court appears to have determined the sentence in consideration of the circumstances favorable to the Defendant. In addition, considering the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the Defendant’s age, character and conduct, and environment, etc., the sentencing of the lower court 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