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(영문) 부산지방법원 2012.12.27 2012노3135
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one hundred months of imprisonment, additional collection of KRW 70,00) is too unreasonable.

2. In light of the following circumstances: (a) even though the Defendant is deemed to have violated the Defendant’s depth in the instant crime, the Defendant again committed the same type of crime even though he had been already punished six times prior to the instant crime; (b) the Defendant committed the instant crime repeatedly; and (c) the Defendant’s quantity of penphones administered is not much significant; and (d) other circumstances are considered such as the motive and circumstances leading up to the instant crime; (b) the circumstances following the instant crime; (c) the Defendant’s age, character and conduct, and environment; and (d) the sentencing conditions specified in the records and arguments, including the records and arguments

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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