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(영문) 부산지방법원 2017.04.27 2017노789

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and four months) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment defendant recognized the crime of this case and reflects the crime of this case, and in the case of fraud, it is recognized that the auction proceeds of the motor vehicle purchased with the loan funds have been paid in addition to the amount of fraud.

However, the Defendant committed the instant crime, such as the purchase, medication, father, possession, etc. of phiphonephones, despite the fact that the Defendant had been punished seven times due to the crime of narcotics (five times a fine, five times a fine). In the case of fraud, the damage recovery still has not been completed in the case of fraud, the Defendant’s past convictions also up to eight times, and other various sentencing conditions specified in the records and changes of the instant case, including the Defendant’s age, sex, environment, etc., 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.