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(영문) 부산지방법원 2014.04.10 2013노4274

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The circumstances are favorable to the defendant, such as the confession of a part of the crime that the defendant had been denied in the trial, the misunderstanding of his or her mistake, and the fact that the J, which was under the teaching system with the defendant, is leading to the defendant.

However, in light of the fact that the defendant has been sentenced one time to suspended execution, two times to be sentenced for the same crime, and that he again commits the crime of this case during the period of repeated crime, falling under the lowest limit of the sentencing guidelines, equitable sentencing with the same similar case, and the addiction of narcotics and the harm caused by administration of narcotics, etc., it is necessary to strictly punish and eradicate the act of medication of narcotics, and taking into account other factors such as the defendant's age, character and conduct, motive for the crime of this case, and circumstances after the crime, etc., the sentence of the court below is deemed to be appropriate.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.