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(영문) 부산지방법원 2017.03.23 2017노42
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant recognized and reflected the instant crime, the fact that the Defendant voluntarily surrenders, and the active cooperation in arresting the narcotics offender, are recognized.

However, if the Defendant had been punished for the same kind of crime seven times (five times of actual punishment) and had been sentenced to two years of imprisonment for the violation of the Attorney-at-Law Act and the violation of the Narcotics Control Act (fence) around 2010, the Defendant committed the instant narcotics crime at the same time, two times of medication, and other various sentencing factors on the records and changes of the instant punishment, including the Defendant’s age, sex, environment, and past conviction, the sentence imposed by the lower court is not heavier.

3. Accordingly, 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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