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(영문) 부산지방법원 2014.12.11 2014노3890
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

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

Judgment

In light of the circumstances favorable to the Defendant, including the record of the 111-year punishment for the same crime, the Defendant committed the instant crime without being aware of the fact that he/she had been sentenced to criminal punishment for a total of 19 times, and that he/she committed the instant crime without being aware of the fact that he/she had been sentenced to imprisonment for the same kind of crime; in light of the sentencing of the same similar case, the lower court appears to have determined the punishment by taking into account the favorable circumstances for the Defendant; and in addition, considering the motive and background 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.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is groundless. It is so decided as per Disposition

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