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(영문) 부산고등법원 2014.11.26 2014노584
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (defendants) by the lower court (one year of imprisonment and confiscation) is too unreasonable.

2. The judgment of the defendant committed the crime of this case, which is favorable to the defendant, is divided into depth of his mistake, there is no record that the defendant was punished for the same kind of crime, and the defendant actively cooperatedd with the investigative agency for the sale of Gabbles-018, which is a local spirit medicine, and for the arrest of the buyer.

However, the crime of this case is committed by the defendant holding approximately 5.42 g of Gabbble-108, which is a mental medicine, and the nature of the crime is not less than that of the defendant. In addition to the crime of this case, the crime of this case appears to have been sold or inhaled-108, in addition to the crime of this case, the crime of narcotics, etc. is likely to cause physical and mental extinction of the relevant individual due to its toxicity, as well as serious harm to society in general due to its toxicity, and it is necessary to strictly punish the relevant crime; the defendant committed the crime of this case without being aware of it during the period of probation; the defendant committed the crime of this case without being aware of the age, character and conduct, environment, motive, means and result of the crime of this case; and the recommendation of sentencing in accordance with the sentencing guidelines of the Sentencing Committee; it is not deemed that the punishment of the court below is too unfair.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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