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(영문) 부산지방법원 2013.12.12 2013노2557
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Nos. 1 through 45 of seized evidence.

Reasons

Summary of Grounds for Appeal

With respect to the sentencing of the lower court (one year and eight months of imprisonment, confiscation, and collection), the Defendant asserts that the sentencing of the lower court is too unreasonable, and the prosecutor asserts that it is too uneasible and unreasonable.

Judgment

However, the defendant tried to sell a philopon which contains approximately 13.32g of a philopon and a 17.69g of a philopon which is contained in four-two minutes of a single philopon, and to sell it to an investigative agency, without taking into account the following factors: (a) the fact that the defendant has committed the crime of this case; (b) the defendant has a considerable history of criminal punishment for more than 14 times, including the fact that the defendant has been punished eight times for the same kind of crime; (c) the defendant has been sentenced to imprisonment for more than one year, and (d) the defendant has provided or sold it to another three times beyond the simple administration of philopon; and (d) the defendant has not been subject to criminal punishment for more than 14 times; and (d) the defendant has not been subject to criminal punishment for more than 1 year, and (e) the defendant has been given a consistent motive for the crime of this case, but has not been subject to the punishment of imprisonment with prison labor for the same kind of crime.

In conclusion, the appeal by the defendant is without merit, but by the prosecutor.

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