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(영문) 부산지방법원 2015.03.26 2015노22
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 (one year and six months of imprisonment) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant led to the confession of the instant crime; (b) the Defendant, as a person with a disability of class 6 with a physical disability, has no good health condition; and (c) has to support elementary school students.

However, the court below has determined a punishment by fully considering the circumstances favorable to the defendant, and there is no change in circumstances that would be different from the court below's punishment, especially the defendant has already been punished five times for the same kind of crime or five years, and the defendant committed the crime in the first, second, and third of the judgment of the court below, even though the investigation of the investigation agency was commenced due to the crime in the fourth, fifth of the judgment of the court below, the defendant committed the crime in the second, second, and third of the judgment of the court below, four times for the recovery of the phiphonephone, and up to 2.37g for the transfer of the phiphonephone which the defendant possessed, and all other factors that are conditions for the sentencing, such as the defendant's age, character, character, intelligence, intelligence and environment, the motive, means, results, and the circumstances after the crime

Therefore, this part of the defendant's argument 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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