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(영문) 부산지방법원 2017.03.23 2016노4325
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment (one year and six months, confiscation and collection) imposed by the court below on the summary of the reasons for appeal is too unreasonable.

2. The judgment is based on the fact that the Defendant led to the confession of the instant narcotics-related crime, the number of phiphones and the single medication, and the fact that the Defendant agreed with the victim of the instant special assault crime may be considered as sentencing materials favorable to the Defendant.

However, the Defendant has been punished for the same drug crime 14 times, and in particular, on May 24, 2013, three years of imprisonment with prison labor for the same drug crime was sentenced on May 26, 2015 and was released on October 26, 2015, and thus, the Defendant committed the instant crime and constitutes a repeated crime. In full view of the Defendant’s age, sex behavior, environment, family relationship, and all of the sentencing conditions in the instant records and arguments, the sentence imposed by the lower court is not heavy.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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