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(영문) 부산지방법원 2017.11.03 2017노3077
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (i.e., imprisonment with prison labor for a year and KRW 100,000) is too unreasonable because it is too unreasonable (i.e., withdrawal of the Defendant’s assertion of mental and physical weakness on the date of the first trial of the first trial of the first instance court). 2. Determination reflects the Defendant’s wrongness and partially cooperates with the police investigation. However, even though the Defendant had served three times as penalties for the same crime, the degree of addiction cannot be deemed unaffortuous in light of the fact that the Defendant was sentenced to imprisonment with prison labor for the same kind of crime, including three times of punishment,

In addition, considering the various circumstances that are the conditions for sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., and the equity with the punishment of the same kind of similar cases, the sentence of the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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