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(영문) 부산지방법원 2013.08.29 2013노2103
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year and eight months of imprisonment, and additional collection) is deemed to be too unreasonable.

2. In light of the following factors: (a) the Defendant had a history of being punished several times for the same type of crime; (b) the Defendant committed the instant crime since the execution of imprisonment was completed due to the same type of crime and was released therefrom; (c) the Defendant simply delivered phiphones to another person several times beyond the degree of administered phiphones; and (d) the Defendant’s act of trading or administering narcotics in light of the addiction of narcotics and the harm caused by the medication of narcotics requires strict punishment and eradication; and (e) taking into account other various circumstances, such as the motive and circumstance leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., the sentencing of the lower court is deemed reasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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