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(영문) 부산지방법원 2014.06.26 2014노648
마약류관리에관한법률위반(향정)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

With respect to the sentencing of the court below (one year and two months of imprisonment, confiscation, and collection), the defendant asserts that the sentencing of the court below (one year and two months of imprisonment), the defendant is too unreasonable, and the prosecutor asserts that it is too uneasible

Judgment

In light of the following circumstances: (a) the Defendant made a confession of the instant crime while committing the instant crime; (b) the victim does not want punishment against the Defendant by mutual consent with the victim of the traffic accident; (c) the Defendant’s health condition is not good; and (d) the instant crime was committed in excess of the mere administration of narcotics and causing injury to the victim by causing traffic accidents; and (c) the Defendant has been subject to criminal punishment for a total of 13 times, including the three times criminal punishment for the instant crime; and (d) the Defendant committed the instant crime, in particular, without reflecting the fact that the Defendant committed the instant crime even though he/she was under the suspension of execution; (c) the sentencing is equal to the sentencing of the instant similar case; (d) the motive and circumstance leading up to the instant crime; (e) the Defendant’s motive and circumstance after the instant crime; (e) the Defendant’s age; and (e) the Defendant’s health condition is not good; and (e) the Defendant’s sentencing is too heavy or unreasonable.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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