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(영문) 부산지방법원 2016.10.27 2016노2479
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment (a year and two months of imprisonment and additional collection) of the court below is too unfasible, and the prosecutor is too unfased and unreasonable.

2. The judgment-related crime is a serious crime with severe social harm and risk of recidivism, which requires strict punishment, and the defendant has a record of criminal punishment six times for the same crime, and some of the crimes are committed during the period of repeated crime, and is disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant is making confessions of all the instant crimes; (b) the Defendant provided a public confirmation of the fact that he/she is under investigation by informing a drug offender through his/her will; (c) the Defendant has a verbal disorder; and (d) suffering from depression and surface disorders; and (c) the health conditions of the Defendant are not good; and (d) the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the instant crime; and (e) the circumstances after the instant crime were committed, it is not deemed that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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