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(영문) 부산지방법원 2012.12.13 2012노3139

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one hundred months of imprisonment, confiscation, and additional collection KRW 100,000) is too unreasonable in light of the gist of the grounds for appeal.

2. In light of the following circumstances: (a) the Defendant did not have a large amount of philophones handled by the Defendant; (b) the Defendant committed the instant crime of the same kind repeatedly without penphones even though the Defendant was placed prior to the suspension of execution for the same kind of crime by the medication of philophones; (c) the lower court appears to have determined the punishment in consideration of the circumstances favorable to the Defendant; and (d) it is difficult to find the circumstances added to the instant crime in the first instance; and (b) other circumstances, which are the conditions of sentencing specified in the instant records and arguments, such as the motive and circumstances leading up to the instant crime, the circumstances after the crime, the Defendant’s age, character and conduct, and environment, are considered, the sentencing of the lower court cannot be deemed to

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.