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(영문) 부산지방법원 2015.11.26 2015노2976
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The circumstances favorable to the defendant include the fact that the defendant led to the crime of this case, the arrest of a narcotics offender by the defendant's information, etc., and the fact that the defendant suffers from disease such as pulmonary symptoms and pulmonary tuberculosis, etc.

However, the defendant has three times of the same kind, and therefore, he again committed the crime of this case during the repeated crime period. In particular, the defendant's hair of the 4 cm Length seems to have continuously administered phiphones in addition to the crime of this case. In light of the addiction to narcotics and the harm caused by medication of narcotics, etc., it is necessary to strictly punish and eradicate the crime related to narcotics. The court below's punishment is the lowest of one year to four years and six months, which is the recommended range on the sentencing guidelines, and it cannot be deemed that the court below's punishment is particularly heavy even if it is followed. In full view of other various factors such as the defendant's age, character and behavior, intelligence and environment, motive, means, result, and circumstance after the crime of this case, etc., the court below's punishment is reasonable. The defendant's assertion of unfair sentencing 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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