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(영문) 부산지방법원 2014.12.04 2014노3752
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 (two 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, such as the confession of the instant crime, and the fact that the instant crime was committed on the one-time medication of phiphones, etc., favorable to the Defendant, and the fact that the Defendant did not reflect even though he had the history of criminal punishment over a total of 25 times, including the four times of punishment for the same type of crime, and the Defendant committed the instant crime, etc., the equity of sentencing with the similar case, the motive and circumstance leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and other various circumstances, which are the conditions of sentencing specified in the records and arguments, such as the records and arguments of the instant case, do not seem to be unfair because the sentencing of the lower court 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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