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(영문) 부산지방법원 2017.03.16 2016노4977
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment, additional collection of one hundred thousand won) on the summary of the grounds for appeal is too unreasonable.

2. The determination of the Defendant’s confession of the instant crime, and the fact that the Defendant’s confessions during the instant crime, and that the Defendant’s confessions during the instant one-time medication, etc. may be considered as the sentencing materials favorable to the Defendant

However, the Defendant was punished for the same crime seven times, and in particular, on October 28, 2015, five months after being sentenced to imprisonment with prison labor for the same crime on May 19, 2016, and was released from prison on May 19, 2016, and thus constitutes a repeated crime. In full view of all the sentencing conditions in the instant records and arguments, including the Defendant’s age, sex, environment, family relationship, etc., the sentence imposed by the lower court is not heavier.

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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