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(영문) 부산지방법원 2014.05.15 2014노869
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

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

Judgment

Considering the motive and background of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, which are the conditions of sentencing specified in the instant records and arguments, the sentencing of the lower court is too unreasonable, considering the following circumstances: (a) the Defendant’s wife wants to take the front line; (b) the instant crime is a single penphone medication favorable to the Defendant; (c) the Defendant has been subject to criminal punishment at least eight times, including the history of having been punished twice for the same kind of crime; and (d) the sentencing of the same similar case appears to have been determined by the lower court in light of the motive and circumstance favorable to the Defendant; and (b) other circumstances, such as the motive and circumstance of the instant crime; (c) the Defendant’s age, character and conduct, are considered to have

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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