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(영문) 부산지방법원 2016.07.14 2016노1412
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment and additional collection) on the summary of the reasons for appeal is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant, who led to the confession of the instant crime while committing the instant crime; (b) cooperation in the investigation into narcotics; and (c) the Defendant’s wife wanting to have the Defendant’s wife.

However, taking into account the Defendant’s age, sex, environment, means and method of committing a crime, circumstances after committing a crime, etc., the sentence imposed by the lower court is too too unreasonable, and thus, cannot be deemed unfair, considering the following: (a) the Defendant has a history of criminal punishment five times for the same crime; (b) the Defendant committed the instant crime again during the repeated crime period; and (c) the narcotics-related crime requires strict punishment as a serious crime with a great risk of social harm and recidivism; and (d) other various sentencing conditions, such

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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