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(영문) 부산지방법원 2012.11.22 2012노1584
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. However, it is recognized that the defendant confessions the crime of this case and repents, the defendant has no same record, and the defendant actively cooperates with the investigation and arrest of a narcotics offender in an investigative agency.

On the other hand, however, considering the following factors: (a) the number of times when the Defendant administered phiphones exceeds 19 times; (b) the commission of the transaction of phiphones between others; (c) the number of phiphones handled by the Defendant is not significant; and (d) the motive and background of the instant crime; (b) the Defendant’s age, character and conduct, and environment; and (c) the conditions of sentencing specified in the records and arguments

Even if the sentencing of the court below is too inappropriate, it is not recognized that the sentencing of the court below is too inappropriate.

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.

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