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(영문) 부산지방법원 2014.12.18 2014노3996
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the reasons for appeal is that the defendant asserts that the court below's punishment is too uneasible, and that the prosecutor is too uneased and unreasonable.

2. The judgment that the defendant led to the confession of all of the crimes of this case, appears to repent of his mistake, and that the defendant informed the narcotics offender and arrested him, etc. are favorable to the defendant. Although the defendant committed the same kind of crime and the record of criminal punishment was 6 times (two times of imprisonment and four times of suspended sentence of imprisonment), the fact that the defendant again committed the crime of this case is disadvantageous to the defendant.

In full view of the equity in sentencing with cases similar to those above, and other factors that are conditions for sentencing, such as Defendant’s age, character and conduct, motive, means and method of the instant crime, and circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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