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(영문) 부산지방법원 2014.08.22 2014노1679
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered on the defendant is too heavy or unhulled to the defendant (such as imprisonment for eight months).

2. The judgment of the court below is that the defendant led to the confession of the crime of this case and recognized his mistake; the defendant is recognized as having the wife and her father, but there is a need to strictly punish the crime of this case as a serious crime with severe social harm and danger of recidivism; the defendant was sentenced to the suspension of indictment on October 22, 2010. On May 24, 2013, he was sentenced to the suspension of indictment for the crime of this case related to narcotics on which the judgment became final and conclusive on June 1, 2013, after being sentenced to the suspension of 10 months of imprisonment with prison labor for the crime of this case related to narcotics and for which the judgment became final and conclusive, the crime of this case was committed again during the suspension of execution, and the crime of this case is very serious, and the defendant's family character and behavior and other circumstances are not acknowledged to be excessive or unfair.

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

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

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