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(영문) 부산지방법원 2013.07.04 2013노1134

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (two years of imprisonment) is too unreasonable.

2. The judgment below's sentencing is reasonable in light of the following circumstances: (a) the Defendant had the history of having been punished several times for the same type of crime; (b) the Defendant again committed the instant crime because of the completion of the execution of imprisonment for the same kind of crime; and (c) in light of the addiction to narcotics and the harm caused by the administration of narcotics, etc., it is necessary to strictly punish and eradicate the act of trading or administering narcotics; and (c) the Defendant has the intention to administer the instant crime to H with no habitoron medication; and (d) other various circumstances, including the motive and circumstance leading up to the instant crime, the circumstances after the crime, the Defendant's age, character and conduct, and environment, etc., which are the conditions for sentencing specified in the instant records and arguments.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.