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(영문) 부산지방법원 2017.11.03 2017노3078
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 (a year of imprisonment and an additional collection of KRW 100,000) is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s misjudgments the mistake, the fact that the treatment plan was implemented and some cooperation was made for the narcotics investigation of the Prosecutor’s Office.

However, even though the defendant was punished more than 10 times for the same crime, he was punished more than 10 times for the same crime, he was administered a penphone at 20 days, and he did not seem to be a simple one-time medication in light of the result of the defendant's maternal evaluation (Evidence No. 12).

In addition, considering the fact that the sentencing conditions prescribed by Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., and the equity with the punishment of similar cases in the same kind, 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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