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(영문) 부산지방법원 2015.03.12 2015노268

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is against the defendant's depth while making a confession of all of the crimes of this case, the crime of this case is against the defendant's depth, the fact that the crime of this case is committed on one-time medication, and the defendant suffers from the current depression, etc. in favor of the defendant, or the defendant committed the crime of this case without being aware of the fact that the defendant had been subject to criminal punishment for a total of 10 times including the past punished six times for the same kind of crime, and it seems that the court below determined the punishment by considering the circumstances favorable to the defendant in light of the sentencing of the same similar case. In addition, considering the motive and circumstance of the crime of this case, the circumstance after the crime of this case, the defendant's age, character and behavior, and environment, etc., the sentencing of the court below is too unreasonable.

3. 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.