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(영문) 부산지방법원 2014.02.21 2013노4006
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered on the defendant is too heavy or unhutiled (ten months of imprisonment).

2. We examine both judgment and the defendant's arguments.

Although the Defendant again committed the instant crime even though he had been punished six times due to the same crime, it is recognized that the Defendant had committed the instant crime. However, in light of the following various circumstances: (a) even though he/she was found to have committed the instant crime, he/she is deemed to have committed the instant crime since four years have passed since the Defendant was sentenced to a judgment by the same kind of crime; and (b) the Defendant committed the instant crime after the lapse of four years since he/she was sentenced to a judgment by the same kind of crime; and (c) other various circumstances, such as the character, conduct, environment, age, motive and circumstance of the crime, and circumstances after the crime

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since all of the appeal filed by the defendant

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