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(영문) 부산지방법원 2014.11.13 2014노3269

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

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

Judgment

In light of the sentencing of similar cases, the court below seems to have determined punishment by considering the motive and background of the crime in this case, circumstances after the crime in this case, the defendant's age, character and conduct, environment, etc., as well as the various circumstances that are the conditions of sentencing specified in the records and arguments of this case, the sentencing of the court below is too unreasonable, considering the following factors: (a) the defendant was under the favorable condition for the defendant; (b) the defendant was under criminal punishment for a total of 16 times, including the one sentenced to punishment once for the same crime; (c) the defendant was under the sentence of a same kind of crime; and (d) the crime in this case was committed without being aware of the fact that the court below committed the crime in this case, in light of the sentencing of similar cases.

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