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(영문) 부산지방법원 2015.07.09 2015노1458
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 is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant made a confession of the crime of this case and the fact that the defendant actively cooperated with the investigation by informing the investigative agency of the upper line and arresting the defendant.

However, in full view of the following factors: (a) the number of popon medication is not more than three times; (b) the Defendant has the same career three times; and (c) the Defendant again committed the instant crime during the repeated crime period; (b) the lower court has already determined the punishment by fully considering the favorable circumstances to the Defendant; and (c) there is no change of circumstances that may change the Defendant’s age, character and behavior, intelligence and environment; (d) the motive, means and consequence of the instant crime; and (e) circumstances after the instant crime, etc., the lower court’s punishment is deemed to be adequate.

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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