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(영문) 부산지방법원 2017.08.18 2017노1828

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (a punishment of one year, one-year imprisonment, one-year imprisonment, one-year imprisonment, one-year penalty, one hundred thousand won penalty surcharge) is too unreasonable (the Defendant withdrawn his/her assertion of misapprehension of the legal doctrine on the date of the first trial in the first instance trial in the first instance trial in the first instance trial in the first instance trial in the first instance trial in the first instance trial in the first instance trial in the first instance trial) is recognized.

However, in light of the fact that the Defendant had been punished more than eight times for the same crime, but has committed the crime of medication during the same repeated crime period, and even according to the Defendant’s statement, he has phiphones acquired before being detained due to the previous crime and caused the instant crime by administering them after the completion of the execution of the sentence, it is highly likely that the Defendant might repeat the crime of this case.

In addition, when considering various sentencing conditions, such as the defendant's age, sex, environment, and motive for crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

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 groundless.