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(영문) 부산지방법원 2015.06.26 2015노1170
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment, confiscation, additional collection) is too unreasonable.

2. However, despite the fact that the defendant made a confession of all the crimes of this case and reflects his mistake, he is found to have the record of criminal punishment nine times for the same crime. In particular, on May 24, 2012, the Busan District Court sentenced 10 months of imprisonment with prison labor for the crime of violating the Narcotics Control Act, etc. on October 3, 2012, and again committed the crime of this case during the repeated crime period even after the execution of the sentence was completed on October 3, 2012. The fact that there is no special circumstance or change of circumstances that may be newly considered after the decision of the court below, and other various sentencing conditions as shown in the arguments of this case, such as equity of sentencing with the same and similar cases, age and character of the defendant, character and environment, motive and circumstance of the crime, etc., and the sentence imposed by the court below falls under the scope of recommended sentence under the sentencing guidelines (a) imprisonment with prison labor for each of the previous crimes of violation of the Act on the Control of Narcotics, etc. (one to three years prior to five years) years or more).

In full view of the internal points of the court below, it is not recognized that the sentence imposed by the court below is too unreasonable because it is too unreasonable.

Therefore, the defendant's above assertion is not accepted.

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

However, according to Article 25(1) of the Rules on Criminal Procedure, the summary of evidence in the second page of the judgment of the court below is "1.1."

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