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(영문) 부산지방법원 2013.08.29 2013노2052
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

With respect to the sentencing of the court below (one year and four months of imprisonment, and additional collection of KRW 850,00), the defendant asserts that the defendant is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

Judgment

In light of the circumstances that are favorable to the defendant, such as the fact that the defendant is making a confession of all the crimes of this case, the defendant has no record of criminal punishment since around 2006, the defendant's family members are leading the defendant while leaving the ship, and the defendant's family members are in need of continuous rehabilitation treatment after surgery on the lower end of the right slope, etc., and the defendant's act of this case is not good in the state where continuous rehabilitation treatment is required, and the crime of this case is committed even when the defendant simply administered and sells phiphonephones, so the nature of the crime is not easy, and even if the defendant committed the crime of this case more than four times including the records of punishment twice for the same crime, it is disadvantageous to the defendant, such as the fact that he committed the crime of this case, regardless of the fact that he committed the crime of this case, and other similar cases, the fairness of sentencing with the crime of this case, motive and circumstance of the crime of this case, after the crime of this case, the defendant's age, character and behavior, environment, etc., the sentencing of sentencing should be considered.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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