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(영문) 부산지방법원 2013.12.20 2013노2338
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and four months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible.

2. It is recognized that the Defendant had been already punished five times prior to the instant crime (one-time suspension of execution of sentence, one-time imprisonment with prison labor, and four-time imprisonment with prison labor), and that on January 17, 2012, the Busan District Court sentenced the Defendant to one year for the crime of violating the Act on the Control of Narcotics, etc. (or one-year imprisonment with prison labor) at the Busan District Court on July 6, 2012, and again committed the instant crime that constitutes a repeated crime even after the execution of the sentence was completed on July 6, 2012. However, it is deemed that the Defendant led to the confession of all of the instant crimes and reflects his mistake, and that the amount of phiphonephones offered for the instant crime was not large, and that there are other various circumstances that are the conditions for sentencing specified in the instant records and arguments, such as the Defendant’s age, character and conduct, and environment, the

It is not recognized that it is improper or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since all of the appeal filed by the defendant

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