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(영문) 부산지방법원 2015.09.10 2015노2204

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (ten months of imprisonment) is too unreasonable.

2. The judgment of the court below seems to have imposed the sentence considering the circumstances favorable to the defendant, in particular, the defendant's cooperation in arresting a large number of persons using phiphones, the fact that the crime of this case is committed on the one-time medication, the fact that the crime of this case is committed on the part of the defendant, the family members to support the defendant, and the defendant's health is not good. However, the defendant has already been punished seven times prior to the crime of this case. In particular, the defendant committed the crime of this case without being aware that he was sentenced to imprisonment for six months due to the crime of phiphone medication even though he was sentenced for the crime of this case in 2012. In light of the sentencing of the same similar case, considering the circumstances favorable to the defendant, in light of the sentencing of the same similar case, the sentencing of the court below seems to have been determined by considering the circumstance and circumstance favorable to the defendant, the situation and circumstances leading up to the crime of this case, the defendant's age after the crime, character and behavior, environment, etc.

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.