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(영문) 부산지방법원 2016.07.28 2016노1438
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (ten months of imprisonment, two years of suspended execution, additional collection, protection observation and pharmacologic treatment order 40 hours) on the summary of the grounds of appeal is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s confession of the instant crime and reflects the mistake, and the fact that there was no criminal record of the same kind in addition to the disposition to forward the instant juvenile protection case for the same offense in 194.

However, the defendant administered philophones, and marks knife and knife knife knife

In light of the fact that noise, etc. calls for disturbance, etc., narcotics-related crimes require strict punishment as serious crimes that cause severe harm to society and risk of recidivism, and other various sentencing conditions such as Defendant’s age, sex, environment, means and methods of crime, and circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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