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(영문) 부산지방법원 2014.11.20 2014노3062
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

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

Judgment

The Defendant committed the instant crime since he/she was sentenced to criminal punishment for a total of 20 times, including the favorable circumstances for the Defendant, and the records and arguments of the instant crime nine times. In particular, the Defendant committed the instant crime since he/she was not aware of the fact that he/she was sentenced to imprisonment for the same kind of crime and for three months, even though he/she was in the period of repeated crime. The instant crime is not simple philopon medication, but is not suitable for delivery, and is likely to be determined by the lower court by taking into account the favorable circumstances for the Defendant in light of the sentencing of the same similar case. Considering the motive and circumstance leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the sentencing of the lower court is too unreasonable.

The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

(However, among the summary of the evidence of the court below, the "part of the defendant's court statement" is corrected as "court statement of the defendant," and "each police interrogation protocol and copy thereof" are deleted.

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