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(영문) 부산지방법원 2014.08.14 2014노1656
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal by the defendant is too unreasonable;

2. The circumstances favorable to the Defendant include: (a) the Defendant made a confession of all of the instant crimes; (b) the Defendant appears to repent of his mistake; (c) the Defendant’s health was not good using the soft disc, etc.; and (d) the Defendant informed of the upper line and cooperated in arresting the Defendant.

However, the court below seems to have determined a punishment by fully taking into account the circumstances favorable to the defendant, and there is no change in circumstances that would be different from the judgment of the court below for the first time, and the defendant has been punished six times for the same crime, in particular, during the repeated crime period, and the defendant again committed the crime of this case during the repeated crime period. According to the sentencing guidelines, according to the sentencing guidelines, the defendant's recommendation punishment falls under the basic area [in the case of the defendant, the important criminal cooperation for investigation (at least three years of mitigation), the same criminal record (at least three years of suspension of execution, the aggravated factors)], and the court below sentenced the minimum punishment to the recommended punishment for not less than 10 months and not more than 2 years. In light of the addiction of narcotics and the harm caused by medication of narcotics, etc., the administration of narcotics need to be strictly punished and eradicated, and in full view of other various factors that form the conditions for sentencing, such as the defendant's age, character

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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