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(영문) 부산지방법원 2015.09.17 2015노1842
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment, and additional collection) is deemed to be too unreasonable.

2. The judgment of the court below is that the defendant made confession of all of the crimes of this case and reflects the depth of the defendant, the health of the defendant is not good, etc., or the defendant does not have to take advantage of the circumstances favorable to the defendant, or that the defendant trading of phiphones to another person without taking advantage of the influence of administering phiphones, etc. The defendant has been subject to criminal punishment on 13 occasions in total, including the records of punishment two times for the same crime. In particular, the defendant committed the crime of this case without being aware that he was sentenced for 8 months of imprisonment with prison labor for the same crime, and was released upon the expiration of the term of punishment, and the defendant committed the crime of this case during the period of repeated crime. In light of the sentencing of similar cases, the court below seems to have set the sentence by taking into account the motive and circumstance of the crime of this case, the circumstances after the crime, the defendant's age, character and behavior, and the circumstances that are the conditions for sentencing as shown in the records and arguments of this case.

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 without merit. It is so decided as per Disposition.

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