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(영문) 부산지방법원 2015.01.22 2014노4183
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (one year of imprisonment, confiscation, and collection) is too unreasonable.

Judgment

In light of the fact that the Defendant made a confession of all of the crimes of this case, and the fact that the crime of this case was committed two times only on a philopon, etc., which is favorable to the Defendant, or that the Defendant was punished for a total of 12 times, including the fact that he was punished three times for the same crime. In particular, the Defendant committed the crime of this case without being aware of the fact that he was sentenced to imprisonment for one year and four months for the same crime, and in light of the sentencing of the same similar case, the lower court appears to have determined the punishment in consideration of the circumstances favorable to the Defendant. In addition, considering the motive and background of the crime of this case, the circumstances after the crime of this case, the Defendant’s age, character and behavior, and environment, etc., the sentencing of the lower court is too unreasonable.

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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