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(영문) 부산지방법원 2015.02.05 2014노3999
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The defendant asserts that the sentencing of the court below (one hundred months of imprisonment, additional collection) is too unreasonable, and the prosecutor asserts that the sentencing of the court below is too uneasible and unfair.

Judgment

In light of the circumstances unfavorable to the Defendant, including the fact that the Defendant led to the confession of the instant crime, the fact that the instant crime is favorable to the Defendant, such as the fact that the instant crime was committed on one-time medication of phiphones, and the fact that the Defendant committed the instant crime without being opposed to the fact that there was a past record of criminal punishment for a total of nine times including the past record of punishment five times for the same type of crime, etc., and other various circumstances that form the conditions for the sentencing specified in the instant records and arguments, such as the equity of sentencing with the same and similar incidents, the motive and circumstance leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and behavior, and environment, etc., the lower court’s sentencing is too heavy or unreasonable.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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