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(영문) 부산지방법원 2014.08.14 2014노1959
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal by the defendant is too unreasonable;

2. The following are the circumstances favorable to the Defendant: (a) the Defendant: (b) made a confession of all the instant crimes; (c) the Defendant appears to repent of his mistake; (d) the Defendant provided information to the investigation agency to arrest the Defendant; and (e) the Defendant directly reported the Defendant to the investigation agency; and (e) the Defendant is leading the Defendant to stop narcotics.

However, the court below seems to have determined a punishment by fully taking into account the circumstances favorable to the defendant, and there is no change in circumstances that would be different from the court below's punishment for the same crime, and the defendant has been punished eight times for the same crime, in particular, committed the crime in this case again during the repeated crime period. According to the sentencing guidelines, according to the sentencing guidelines, the defendant falls under the basic area [in the case of the defendant, the important investigation cooperation (in the case of mitigation), the same criminal record (in the case of suspension of execution for not more than three years)] and the recommended punishment is for not less than 10 months but not more than 2 years, and the court below imposed a punishment lower than the minimum punishment for the recommended punishment. In light of the addiction of narcotics and the harm caused by medication of narcotics, etc., it is necessary to strictly punish and eradicate the administration of narcotics, and in full view of other various factors that form the conditions for sentencing, such as the defendant's age, character and conduct, motive for the crime in this case, and

Therefore, the defendant's assertion is without merit.

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

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