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(영문) 부산지방법원 2014.09.18 2014노1947
마약류관리에관한법률위반(향정)등
Text

All appeals by the defendant are dismissed.

Reasons

Summary of Grounds for Appeal

Each sentence of the lower court (the first instance judgment: imprisonment with prison labor for 8 months and collection, and fine of 3 million won for the second instance judgment) is too unreasonable.

Judgment

A. The judgment of the court below against the judgment of the court of first instance is against the defendant's depth while making a confession of all of the crimes of this case, and the crime of this case is committed once more than twice, including the circumstances favorable to the defendant, or the records that the defendant was sentenced to criminal punishment for a total of nine times, including the records that he was sentenced twice to punishment for the same crime. In particular, the defendant committed the crime of this case without being aware that he was sentenced to a suspended sentence of one year for the same crime, in light of the sentencing of the same similar case, the court below seems to have determined the punishment considering the extenuating circumstances favorable to the defendant, and taking into account the motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and environment, and other various circumstances that are the conditions of sentencing as shown in the records and arguments of this case such as the records and arguments, it is not unreasonable to deem the sentence of

B. The judgment of the court below against the judgment of the court below of this case is in violation of depth while making confession of all of the crimes of this case, and the fact that the defendant committed the crime of this case in an economically difficult situation, etc. is favorable to the defendant. However, the crime of this case is highly likely to be abused for various criminal acts by transferring the means of access, such as deposit passbooks and cash cards, which are essential means or information in electronic financial transactions. The number of means of access transferred by the defendant is not significant, and other circumstances such as the motive and circumstance of the crime of this case, circumstances after the crime of this case, defendant's age, character and behavior, environment, etc. are considered, and the sentencing of the court below is too unreasonable.

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