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(영문) 부산지방법원 2014.08.14 2014노2126
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal by the defendant is too unreasonable;

2. The circumstances are favorable to the Defendant, such as the fact that the Defendant made a confession of all the instant crimes, and appears to repent of his mistake, that there are the wife and children to support the Defendant, that the Defendant sold the Mepters upon the E’s request, and that the Defendant’s health is not good.

However, the court below seems to have determined a punishment by fully considering the circumstances favorable to the defendant, and there is no change of circumstances that would be different from the court below's judgment and the punishment for the defendant for the same kind of crime seven times, and in particular, on June 26, 2012, the defendant committed the crime in this case again during the period of suspended execution after being sentenced to two years of imprisonment for the same crime on July 4, 2012 in the Seocho District Court's early branch court, which was sentenced to two years of suspended execution on July 26, 2012. According to the sentencing guidelines, the defendant's aggravated punishment (the period of suspended execution for not less than three years) falls under the aggravated punishment area (the period of suspended execution for not less than three years) and thus, the court below sentenced a punishment lower than the minimum punishment for the recommended sentence for not more than one year and six years, and in light of the addiction of narcotics and harm caused by medication of narcotics, the defendant's age, character and conduct, motive for the crime in this case, etc., it does not seem to be comprehensively determined by the court below.

Therefore, the defendant's assertion is without merit.

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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