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(영문) 부산지방법원 2013.07.11 2013노1111
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (one year and six months of imprisonment, and additional collection) is too unreasonable.

Judgment

In light of the circumstances favorable to the Defendant, the Defendant: (a) made a confession of all the instant crimes; (b) the amount and frequency of phiphones handled by the Defendant by means of a simple medication is not so large; (c) the Defendant had the record of criminal punishment twice prior to the instant crimes; (d) the Defendant committed the instant crimes repeatedly without being aware of the fact that he had been subject to criminal punishment on several occasions, including the same criminal records; (b) in particular, even if he had been during the period of repeated crime of the same kind of crime; (c) the Defendant administered phiphones at the time and place indicated in the facts charged; (d) the Defendant took administration of phiphones at F in the same manner as F; and (e) neglected to report that c’s phiphoneopphones are serious; and (e) immediately thereafter, the Defendant fell from the ur and died; and (e) the motive and background of the instant crime; (e) circumstances after the instant crime; (e) the Defendant’s age, character and conduct, etc., and circumstances indicated in the instant sentencing records and pleadings.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal. It is so decided as per Disposition.

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