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(영문) 부산지방법원 2015.01.29 2014노4533

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant is recognized that the defendant led to the crime of this case and appears to repent his mistake, and that the defendant's health is not good due to the aftermath of amblaps.

However, the crime of this case was sold four times by the defendant, and the quality of the crime is not very good in light of the frequency of the crime, the quantity of the Mepters sold (total 2.1g). The defendant committed the crime of this case even though he had been punished four times (two times of imprisonment, two times of suspended sentence of imprisonment, and one time of fine) for the same crime, and the defendant again committed the crime of this case. According to the sentencing guidelines, according to the sentencing guidelines, the defendant falls under the basic area of the defendant and the recommended sentence was sentenced to a relatively heavy punishment within the scope of the recommended sentence for not less than one year, but not more than three years, and not more than three months. In light of the addiction of narcotics and the harm caused by medication of narcotics, it is necessary to strictly punish and eradicate the act of selling narcotics, and in full view of other various factors that form the conditions for sentencing, such as the defendant's age, character and behavior, motive for the crime of this case, and circumstances after the crime, it cannot be deemed that the sentence of the court below is too unreasonable.

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.