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(영문) 부산지방법원 2014.12.11 2014노3417
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The judgment of the defendant is recognized that the defendant led to the crime of this case, appears to repent his mistake, and that the defendant's health is not good due to the fact that he was found guilty of his mistake, etc.

However, in light of the frequency of the crime, the quality of the crime is not very good in light of the following: (a) the Defendant committed the instant crime on two occasions, and (b) the Defendant delivered and administered the Mepters on one occasion, and (c) the Defendant possessed on one occasion; (b) the Defendant was punished eight times or more by imprisonment; (c) the Defendant committed the instant crime on November 14, 2013, and (d) more than five months after the execution of the sentence was completed; and (d) according to the sentencing guidelines, the Defendant committed the instant crime again on five months after the execution of the sentence was completed; (c) the Defendant’s aggravated area (not less than three years prior to the previous conviction) and less than seven months, and the lower court rendered a relatively lower punishment within the scope of the recommended punishment; (d) the Defendant’s motive and behavior in light of the addiction of narcotics and the harm caused by medication of narcotics; and (e) the Defendant’s motive and circumstances after the execution of the sentence; and (e) the sentencing of the instant crime seems to require strict punishment.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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