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(영문) 부산지방법원 2014.06.26 2014노1338
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and four months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant led to the confession of the instant crime and appears to repent of his mistake, and that the Defendant’s health is not good.

However, there are many criminal records of criminal punishment for the defendant due to the same crime, in particular, the defendant committed the crime of this case again during the repeated crime period. The crime of causing property damage in this case is not good because the defendant seriously damaged high-priced property, such as computers and television, without any special reasons, at the conference where he was well aware of the crime. The victims of the crime of causing property damage did not agree with the victims of the crime of causing property damage up to the trial and did not recover from the damage. It is necessary to strictly punish and eradicate the act of administering narcotics in light of the balance with the sentencing of the same similar case, the degree of punishment, the addiction of narcotics and the harm caused by medication, etc.

Therefore, the defendant's assertion is without merit.

3. 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.

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