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(영문) 부산지방법원 2014.12.04 2014노3467
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, confiscation, and collection) is too unreasonable.

Judgment

In light of the circumstances favorable to the defendant, such as the fact that the defendant made a confession of all of the crimes of this case, there was a history of criminal punishment for a total of nine times, including the records that the defendant was punished twice as the same crime. In particular, the defendant committed the crime of this case at least three months after being released from the prison without being aware of the fact that he was sentenced to imprisonment for the same kind of crime and for about one year and four months after being released from the prison, and in light of the sentencing of similar cases, the court below seems to have determined the punishment by taking into account the circumstances favorable to the defendant. In addition, considering the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, and other various circumstances, which are the conditions for the sentencing specified in the records and arguments of this case, it is difficult

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is groundless. It is so decided as per Disposition

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