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(영문) 부산지방법원 2015.08.13 2015노1746
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment that the defendant made a confession of all of the crimes of this case, and that the defendant's family members want to take the defendant's preference, etc. are more favorable to the defendant, or that the defendant has been subject to criminal punishment over several times, including the records of having been punished five times as punishment for the same crime. In particular, even though medical treatment and custody was imposed for the same kind of crime, the defendant committed the crime of this case in the five-month period from the release of this case, the defendant committed the crime of this case, even though he was placed under medical treatment and custody for the same kind of crime, and delivered a penphone to another person without taking into account the administration of the penphones. In light of the sentencing of similar cases, the court below seems to have determined the sentence by taking into account the favorable circumstances for the defendant in light of the sentencing of the same kind of crime of this case, and other various circumstances such as the motive and circumstance leading up to the crime of this case, circumstances after the crime, the defendant's age, character

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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