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(영문) 부산지방법원 2014.08.29 2014노2004
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination is recognized that the Defendant led to the instant crime and recognized his mistake, and that the Defendant had no criminal record related to narcotics, including the Metepha (hereinafter “Mephone”) before committing the instant crime.

However, in light of the fact that the Defendant was sentenced to imprisonment with prison labor for 15 years on July 4, 200 for robbery, etc. and was provisionally released on May 16, 2013 (the scheduled termination date of the term of punishment on October 3, 2014), the Defendant was in need of a more strict punishment for the Defendant by committing the instant crime during the period of parole without being aware of it, and the Defendant purchased a shotphone at least four times during the period of parole between Korea and Japan, and that the volume of the shotphone purchased as such was about 1.6g, which can be administered more than 0.03g at approximately 53 times when taking into account the fact that the nature of the Defendant’s crime was very heavy and other circumstances that the Defendant’s age, character and conduct, environment, family relations, etc., and the sentencing conditions indicated in the instant records and arguments, it is not deemed that the lower court’s sentence is too unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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