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(영문) 부산지방법원 2012.11.29 2012노2638
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years and six months of imprisonment, confiscation, additional collection of KRW 700,00) is too unreasonable.

2. However, it is recognized that the Defendant led to the confession and reflect of each of the instant crimes, and that the damage caused by the damage to public goods was recovered in the first instance.

However, the Defendant has been punished eight times of imprisonment with prison labor, and in particular, on December 28, 2010, committed each of the instant crimes on May 28, 2012 after having been sentenced to one year and six months of imprisonment with prison labor due to the violation of the Act on the Control of Narcotics, etc. and the violation of the Act on the Control of Narcotics, etc., and the damage to public goods, etc., and again committed each of the instant crimes on May 28, 2012. The instant case is deemed to have caused damage to public goods in the state of decilation after the Defendant administered a phiphonephone and caused damage to public goods in the state of decilation. In light of the motive and background of each of the instant crimes, the Defendant’s age, character and conduct, and environment, the sentencing of the lower court is deemed to be too unreasonable.

3. 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.

(However, among the reasoning of the judgment of the court below, the "each request for appraisal" in Part 3 is apparent that it is a clerical error in the "each request for appraisal", and thus, it is ex officio corrected in accordance with Article 25 of the Regulations on Criminal Procedure.

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