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(영문) 부산지방법원 2015.03.26 2015노410
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year and four months of imprisonment, and additional collection) is deemed to be too unreasonable.

2. The judgment of the court below is that the defendant made confession of all of the crimes of this case and is against depth, the defendant's health is good, and there is a family member to support the crime of this case, etc., which is favorable to the defendant, or that the defendant has been subject to criminal punishment for a total of 20 times including the past three times of punishment. In particular, the defendant was sentenced to one year of imprisonment for the same kind of crime, and has been sentenced for a punishment for the same crime, and he was committed without being aware of the fact of the crime of this case. The defendant committed the crime of this case without being aware of even though he was requested for detention warrant on October 15, 2014 as stated in the judgment of the court below. In addition, when considering the sentencing of the same similar case, it seems that the court below determined the punishment by considering the circumstances favorable to the defendant, and considering the motive and circumstance of the crime of this case, the age and circumstances after the crime of this case, the defendant's personality and behavior, and various conditions of sentencing as shown in the records and arguments.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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