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(영문) 부산지방법원 2013.12.19 2013노3391
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of five million won) is too unhued and unreasonable.

2. The court below's sentencing is reasonable in light of the following circumstances: (a) although the defendant was under the period of suspended execution, there was no record that the defendant was punished for the same crime; and (b) the defendant was voluntarily hospitalized for several months after the instant case; and (c) the motive and circumstances leading up to the instant crime; (d) circumstances after the instant crime; (e) the defendant's age, character and conduct; and (e) various circumstances, which are conditions for sentencing specified in the records and arguments, including the records and arguments of this case, are considered appropriate.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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