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(영문) 부산지방법원 2016.09.30 2016노2671

마약류관리에관한법률위반(향정)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, confiscation and collection) on the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. It is recognized that the circumstances, such as the fact that the Defendant made a confession of all of the instant crimes and reflects his mistake in depth.

However, the crime of this case is deemed to have been administered by the defendant about 0.1g c. , and approximately 0.11g c. c., in light of the method and contents of the crime, etc., the defendant has seven times of punishment for the same crime and has a record of criminal punishment once of suspended execution, and in particular, on August 12, 2014, the Busan District Court sentenced 1 year and 4 months of imprisonment to the violation of the Narcotics Control Act at the Busan District Court, which committed the crime of this case on October 22, 2015, and again committed the crime of this case during the period of repeated punishment; the punishment of imprisonment with prison labor for the same and similar crimes; the punishment of the defendant's age; the defendant's environment; the defendant's motive and circumstance of the crime of this case; and the scope of punishment for the same or similar crimes of this case since the execution of the above punishment was completed after the pronouncement of the lower court's judgment; the scope of punishment for each of the crimes of this case, including recommendation or aggravated sentencing, etc.

In full view of the facts that are the lowest limit, etc., the sentence imposed by the court below is deemed to be appropriate, and it is not recognized that it is unfair because it is too hot or fluent.

Therefore, Defendant .