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(영문) 부산지방법원 2014.02.06 2013노3814
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

With respect to the sentencing of the court below (one year and two months of imprisonment, and additional collection), the defendant asserts that the sentencing of the court below is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

Judgment

In light of the circumstances that are favorable to the defendant, such as the fact that the defendant is making a confession of all the crimes of this case, the defendant's family members want to take the preference, etc., and the circumstances favorable to the defendant, the fact that the defendant's simple medication to sell phiphones to others, and the defendant has a record of criminal punishment over 15 times including the past punished six times for the same crime, and in particular, the defendant has committed each of the crimes of this case in the same kind, which are disadvantageous to the defendant, such as the fact that he was sentenced to one year of imprisonment for the same crime and committed each of the crimes of this case in the past five months after the execution of the sentence was completed, and thus, the sentencing equality with the defendant, the motive and circumstance of the crime of this case, the situation after the crime of this case, the defendant's age, character and behavior, and environment, etc., it does not seem that the court below's sentencing is too heavy or unreasonable.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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