(영문) 부산지방법원 2017.03.30 2016노4984



The defendant's appeal is dismissed.


1. The sentence imposed by the lower court (one year of imprisonment, and additional collection) on the gist of the grounds of appeal is too unreasonable.

2. After the conclusion of the oral argument by the lower court, the facts that the Defendant led to the instant crime, and that the instant crime constitutes a violation of the Act on the Control of Narcotics, etc., in which the judgment became final and conclusive, and that constitutes a concurrent crime by the latter part after Article 37 of the Criminal Act, may be considered as favorable to the Defendant.

However, the Defendant had been punished four times for the same crime at the time of the instant crime, the crime of this case is likely to be subject to criticism by selling phiphones to others, the fact that there was a bad attitude in an investigative agency, and E, which purchased phiphones from the Defendant, has already been punished by imprisonment for a period of one year and four months, taking into account all the sentencing conditions in the instant records and arguments, such as the Defendant’s age, sexual behavior, health condition, etc., the sentence imposed by the lower court is not heavy.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.