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(영문) 부산지방법원 2017.03.30 2017노376
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment (one year and two months, confiscation and collection) imposed by the court below on the summary of the reasons for appeal is too unreasonable.

2. The judgment of the defendant is recognized that the defendant is against the confession of the crime of this case, and that he is against the administration of philophones once, and that he is against the mere possession.

However, within three years after the Defendant was sentenced to imprisonment with prison labor for the same crime on May 16, 2013, and was released on March 15, 2014, the Defendant committed the instant crime, thereby constituting a repeated crime. Moreover, even if he was sentenced to a fine for the same crime on July 11, 2014 after the Defendant was released, the Defendant committed the instant crime at once, and was in bad attitude at an investigative agency, taking into account all the conditions of sentencing as shown in the instant records and arguments, such as the Defendant’s age, family relationship, health condition, etc., the sentence imposed by the lower court is not heavy.

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

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