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(영문) 부산지방법원 2016.06.10 2015노3771
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (the punishment amounting to five million won and the collection) imposed by the defendant is too unreasonable.

2. It is recognized that there are circumstances such as the fact that the Defendant confessions the instant crime and reflects his mistake in depth, that there is no other criminal history except five times a fine for this type of crime, that there is no other criminal history, that the Defendant is a recipient of basic living, who suffers dementia, and that it appears that the health of the Defendant is not good due to a yellow disorder, etc.

However, the crime of this case is deemed to have been administered once by the defendant, and the character of the crime is considerably poor in light of the method and contents of the crime, the fact that there are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below, etc., and other various sentencing conditions shown in the argument of this case, including equity in sentencing with the like and similar cases, the defendant's age, sex, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

Therefore, we cannot accept the defendant's above assertion.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, which adds “1. Prosecution’s Investigation Report (in addition) (in accordance with Article 25(1) of the Rules on Criminal Procedure)” to the column for “a summary of evidence” of the second page of the judgment of the court below, and it is corrected that “the pertinent Article of the Act” of Section 8 of the same page is to read “the pertinent Article of the Act and the choice of punishment”.

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