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(영문) 부산지방법원 2014.04.10 2013노4327
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (one year of imprisonment, additional collection) is too unreasonable.

Judgment

In light of the sentencing of the same and similar cases, the court below seems to have set the sentence considering the motive and background of the crime in this case, circumstances after the crime in this case, the defendant's age, character and conduct, environment, etc., and the fact that the defendant's shotphones want to take the front line. The crime in this case is a single penphone medication favorable to the defendant, but the defendant has been subject to criminal punishment over 15 times including the past punished three times for the same crime. In particular, the defendant committed the crime in this case without being aware of the fact that he was sentenced for eight months of imprisonment for the same crime in the same kind, and in light of the sentencing of the same and similar cases, the court below seems to have set the sentence considering the circumstances favorable to the defendant, and taking into account various other circumstances that are the conditions of sentencing as shown in the records and arguments in this case such as the records and arguments.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is groundless. It is so decided as per Disposition

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