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(영문) 부산지방법원 2013.04.04 2012노4140
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

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

Judgment

In light of the fact that the defendant led to the confession and reflect of the crime of this case, and the fact that there was no record of punishment for the same kind of crime since 2006, the defendant committed the crime of this case 12 times including the circumstances favorable to the defendant, or the fact that the defendant had been punished three times for the same crime (two times for the actual punishment), and the number of times of the medication of this case is not a large number of times, and the response to the training of phiphones seems to have been administered continuously from the defendant's hair of the 3rd 4 to 5 cm amount, and the fact that the phiphones might have been administered continuously, and other 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 behavior, and environment, etc., which are the conditions of punishment as shown in the records and arguments of this case, it cannot be said that the sentencing of the court below is frighten.

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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