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(영문) 부산지방법원 2013.03.21 2012노4088
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year and two months of imprisonment, additional collection of KRW 500,00) is too unreasonable.

2. In light of the following circumstances: (a) the Defendant led to confession of and reflect in depth on the instant crime; (b) the Defendant had been already punished six times prior to the instant crime; (c) the Defendant repeatedly committed the instant crime without being aware of the fact that he had been subject to punishment for the same type of crime; (d) the amount and frequency of phiphonephones handled by the Defendant; and (e) the motive and background of the instant crime; (b) the circumstances after the instant crime; (c) the Defendant’s age, character and conduct, and environment; and (d) other circumstances that are conditions for sentencing specified in the instant records and pleadings, such as the instant case’s records and arguments

3. 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 without merit. It is so decided as per Disposition.

(However, ex officio, the original judgment shall be corrected to add “written replys to request for appraisal (2012-S-11332)” to the summary of the evidence.

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