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(영문) 부산지방법원 2017.09.15 2017노2395

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a punishment of imprisonment with prison labor for one year, for 1, 2, for 85,00 won may be additionally collected) is too unreasonable.

2. Although the Defendant had been guilty of a crime of the same kind, the Defendant committed a crime of receiving, administering, and possessing phiphonephones during the same repeated crime period.

In light of the following: (a) the Defendant purchased a philopon from the instant philop phone provider (a woman stored in the Defendant’s mobile phone as “M”); (b) the process of gathering a philopon from the app, etc., the risk of recidivism of the same kind is also difficult in light of the following: (c) the Defendant’s philopon’s purchase of philopon

In light of the above circumstances, the sentence of the lower court that sentenced a sentence equivalent to the lower limit of the recommended punishment according to the sentencing guidelines set forth in the Supreme Court sentencing guidelines cannot be deemed unfair because it is too unreasonable, considering the following factors: (a) the Defendant is against the criminal act; (b) there is a family member to support; and (c) women’s active proposal with the intent to report to the investigation agency led to the instant crime.

Therefore, the defendant's argument of sentencing is without merit.

3. 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 groundless.