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(영문) 부산지방법원 2015.10.15 2015노2431
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The circumstances favorable to the defendant include the fact that the defendant led to the confession of the crime of this case and cooperation with the investigation.

However, even if the defendant had the same history of eight times and the repeated crime of this case was committed again in the month after release despite being in the repeated period, and in particular, the defendant has repeatedly committed the crime of this case at least 4 cm from the maternity of the defendant. In addition to the crime of this case, in light of the fact that the defendant seems to have continuously administered phiphones in addition to the crime of this case, and the addiction of narcotics and harm caused by medication of narcotics, etc., the crime related to narcotics need to be strictly punished and eradicated. The punishment of the court below is the lowest of one year to three years, which is the recommended range of sentencing guidelines, and the punishment of the court below is not particularly heavy even if followed, and other various factors such as the defendant's age, character, character, intelligence and environment, motive, means and result of the crime of this case, and the circumstances after the crime of this case are considered to be appropriate. The defendant's assertion of unfair sentencing 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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