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(영문) 부산지방법원 2013.09.12 2013노2170
마약류관리에관한법률위반(향정)
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not more than ten months.

Defendant .

Reasons

Summary of Grounds for Appeal

A. The sentencing of Defendant A (one year of imprisonment, confiscation, and collection KRW 200,00) by the lower court is too unreasonable.

B. As to the sentencing of the lower court against the Defendant B and the Prosecutor B (one hundred thousand won of imprisonment for a period of eight months and one hundred thousand won of collection), the Defendant B asserts that it is too unreasonable, and the prosecutor asserts that it is too unreasonable.

Judgment

A. In light of the circumstances favorable to the Defendant, including the following: (a) Defendant A’s murdered all of the instant crimes; (b) the Defendant’s wife, and the Defendant’s wife, etc. wishing to lead the Defendant; or (c) the Defendant’s simple medication to provide other persons with phiphonephones; and (d) the Defendant committed the instant crime at once, despite the past record of criminal punishment for five times including the four times criminal punishment for the same and similar crimes; (c) the Defendant committed the instant crime; (d) equity in sentencing with the same and similar cases; and (e) taking into account the motive and background leading up to the instant crime; (e) the circumstances after the instant crime was committed; (e) the Defendant’s age; and (e) other various circumstances that form the conditions for sentencing specified in the instant records and arguments, such as the instant case’s records and arguments, it cannot be said that the sentencing of the lower court is excessive.

B. We examine Defendant B: (a) the Defendant committed the instant crime; (b) the Defendant was committed against himself while making a confession of the instant crime; (c) the figures of the Defendant want to guide the Defendant while leading the Defendant; (d) the Defendant’s health is not good due to serious color, etc.; and (e) the instant crime was committed once in the form of normal conditions favorable to the Defendant; (b) the Defendant was subject to criminal punishment on four occasions; and (c) the Defendant committed the instant crime even though there was the record of being sentenced to suspended sentence for the same and similar crimes, and in particular, even if there was a history of being sentenced to suspended sentence for the same kind of crime, the Defendant committed the instant crime; (d) equity in sentencing with the same and similar cases; and (e) motive and background of the instant crime;

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