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(영문) 부산지방법원 2013.05.09 2013노1061

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. The court below's sentencing is reasonable in light of the following circumstances: (a) the defendant's quantity reaches 2.79gg, the defendant has been punished several times for the same kind of crime; (b) the defendant committed the crime of this case without any reflection even though he was under the period of suspension of execution due to the same kind of crime; and (c) the addiction to narcotics and the harm caused by medication of narcotics, etc.; and (d) there is a need to strictly punish and eradicate the act of trading or medication of narcotics; and (e) other various circumstances, which are the conditions for sentencing specified in the records and arguments of this case, such as the motive and circumstance of the crime of this case; (b) the circumstances after the crime of this case; and (c) the defendant's age, character and behavior;

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.