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(영문) 부산지방법원 2013.04.11 2013노756
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (one year and two months of imprisonment, and two hundred thousand won of collection) is too unreasonable.

Judgment

In light of the circumstances favorable to the defendant, or the fact that the defendant has been subject to punishment 11 times, including the past record of punishment five times for the same crime. The defendant committed the crime of this case at the same time even though he had been punished for repeated crimes of the same kind, and the defendant issued a philopon to the female B (the above B had no previous record of the same kind after he was suspended from indictment for the same crime at around 2005), the defendant's hair of 3rd 5 to 6 cm both of the defendant's hair and continuously administered philopon reaction, and the philopon reaction seems to have been administered, taking into account various circumstances such as the motive and circumstance of the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, etc., and the sentencing conditions indicated in the records and arguments of this case, it cannot be said that the sentencing of the court below is heavy.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal. It is so decided as per Disposition.

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