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(영문) 부산지방법원 2017.07.20 2017노255

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination is recognized that the Defendant recognized the instant crime, and that there was a concurrent relationship between the violation of the Act on the Control of Narcotics, Etc., for which each judgment became final and conclusive on August 19, 2015 and December 16, 2016, and the violation of the Act on the Control of Narcotics, etc. and the violation of the latter part of Article 37 of the Criminal Act.

However, from around 1997, the Defendant had been punished for the same kind of crime with her hand on narcotics nine times. In particular, within three years after being sentenced to imprisonment with prison labor on October 21, 2009 (the custody disposition was also imposed on the same kind of crime) on September 22, 2010, the Defendant committed the instant crime and constitutes a repeated crime. In full view of the Defendant’s age, sexual behavior, environment, health conditions, and other various conditions of sentencing as shown in the records and changes theory, the sentence imposed by the lower court is not heavy.

3. Accordingly, 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.