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(영문) 부산지방법원 2015.01.22 2014노4274
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the court below’s punishment (one year and two months of imprisonment) is too unfasible, and the prosecutor is too unfased and unreasonable.

2. The judgment of the defendant committed again the crime of this case even though he had been punished for the same crime 12 times or more, and the fact that he did not clearly disclose the upper line is disadvantageous to the defendant. The defendant has led to the confession of all of the crimes of this case and the appearance of his mistake. The last punishment for the same crime is a relatively long time since around 2008, which is favorable to the defendant.

In full view of the equity in sentencing with cases similar to those above, and other factors that are conditions for sentencing, such as Defendant’s age, character and conduct, motive, means and method of the instant crime, and circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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