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(영문) 부산지방법원 2015.01.22 2014노4276
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (one hundred months of imprisonment, and additional collection) is too unreasonable.

Judgment

In light of the motive and background of the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., which are favorable to the Defendant, and the fact that the instant crime was committed on the one-time medication of phiphones, etc., but the Defendant did not know of the fact that he had been subject to criminal punishment for a total of 14 times, including the six times of punishment for the same kind of crime. In light of the sentencing of the same similar case, the lower court appears to have determined punishment by taking into account the circumstances favorable to the Defendant. In addition, considering the various circumstances, such as the motive and circumstance of the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, the sentencing of the lower court is too unreasonable.

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 groundless. It is so decided as per Disposition.

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