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(영문) 부산지방법원 2014.02.13 2013노3823
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

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

Judgment

In light of the sentencing of similar cases, the court below's sentencing is too unfair, considering the motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, environment, etc., where the defendant's wife wants to have a prior wife, and the defendant has no record of being punished for the same kind of crime after around 2002, etc., in favor of the defendant, or there was a record of criminal punishment over 15 times including the record that the defendant was punished once for the same crime. In particular, the defendant was sentenced for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced for 1 year and six months, and without being aware of it during the period of the repeated crime, and it seems that the court below determined the punishment in this case by taking into account the circumstances favorable to the defendant in light of the sentencing of the same kind of similar cases. In addition, considering various circumstances, the sentencing of the court below is too inappropriate.

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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