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(영문) 부산지방법원 2014.03.21 2013노4000
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one-month imprisonment, etc.) is too minor or unreasonable.

2. We examine both judgment and the defendant's arguments.

In light of the following circumstances: (a) the Defendant led to the instant crime from the lower court to the first instance trial; (b) the Defendant was unable to maintain health at present due to mental illness, such as depression, etc.; and (c) the instant crime was committed once by a simple medication; and (b) the Defendant’s location was not known after the instant indictment was instituted; (c) however, there is insufficient evidence to deem that the Defendant had concealed the conduct to avoid punishment for the instant crime and failed to comply with the demand of the court to appear.

On the other hand, the defendant was sentenced to imprisonment of one year and four months for the same kind of crime on December 24, 2008, and committed again during the repeated crime period even after the execution of the sentence was completed on February 20, 2010, and in light of various circumstances, such as the defendant's character, environment, age, motive and background of the crime, means and consequence of the crime, and the conditions of sentencing as shown in the records, such as character, environment, age, motive and consequence of the crime, etc., the sentence imposed by the court below is deemed appropriate, and it cannot be deemed unfair because it is too heavy, too unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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