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(영문) 부산지방법원 2016.12.15 2016노3942

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two years and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. Considering the following circumstances: (a) the Defendant led to the confession of the instant crime; and (b) when committing the instant crime of providing 0.21g philophones on March 17, 2016, the Defendant voluntarily surrenders to the Defendant.

However, the Defendant’s criminal records, including four times of criminal punishment due to the crime related to narcotics, committed the instant crime in 14 times in total during the period of repeated crimes, and committed the instant crime. The Defendant sold 60 grams of 60 grams over three times, and continuously sold phiphones to another person, and possessed or provided to another person with phiphones, etc. In addition, the crime related to narcotics is very serious. The act of selling and delivering phiphones, etc. to another person, which has great harm to society, is causing a drug-related crime by spreading narcotics, and the harm is necessary to more severe punishment. The Defendant escaped during the period of the suspension of the custody for phiphones and carried the phiphones, etc. The Defendant also caused a violation of the Road Traffic Act, on the day of the administration of phiphones, and the Defendant did not take measures to compensate for property damage, and the Defendant’s age, character and behavior, method of crime, and circumstances after the crime cannot be considered to be unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.