beta
(영문) 부산지방법원 2014.07.18 2014노1563

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. Although there are extenuating circumstances, such as the Defendant’s confession of the instant crime and reflects his mistake, and the Defendant suffering from urology, chronic C confection, tuberculosis, etc. and the health of the Defendant is not good, considering the fact that the Defendant again committed the instant crime despite having been punished three times for the same type of crime, and other various circumstances that form the conditions for sentencing specified in the instant records and arguments, such as the motive, circumstance, degree of damage, Defendant’s age, character and conduct, environment, family relationship, etc., the sentence imposed by the lower court is too unreasonable.

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.

[However, although the crime of this case is committed on or around August 25, 201, the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 2011) applies to the current law, the judgment of the court below does not reverse the judgment below on the same relation, and pursuant to Article 25(1)2, Article 4(1)1, subparagraph 3 (b) of the judgment below, Article 30 of the Criminal Act, Article 60(1)3, Article 4(1), Article 2 subparag. 4(1), Article 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 2011).