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(영문) 부산지방법원 2015.12.10 2015노3711
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment and additional collection) is too unreasonable.

2. The judgment of the court below shows the intent to terminate the crime of this case, such as the confession of the defendant to the crime of this case, informing the person who provided phiphones to the investigation agency, announcement of social relation, and the fact that the health of the defendant is not good, etc., are favorable to the defendant, but the defendant committed the crime of this case during the repeated crime period despite the fact that the defendant had been previously punished three times or more for the same crime, despite the fact that the defendant committed the crime of this case during the repeated crime, the defendant's mother's evaluation of the defendant's mother's hair, and the defendant's hair at a length of not less than 40 meters, which is suspected that the defendant has continuously administered phiphones, except for the crime of this case, the court below has already determined the punishment by taking full account of the above circumstances, and there is no other change of circumstances that could change the defendant's age, character and behavior, intelligence and environment, the motive, means, result, and circumstances after the crime of this case.

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

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