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(영문) 부산지방법원 2016.04.15 2016노512

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a punishment of imprisonment with prison labor, a year and two months, confiscation and collection) is too unreasonable.

2. It is recognized that there are circumstances such as the fact that the Defendant made a confession of all the instant crimes and reflects his mistake, and that the investigative agency made a statement on the identity of the Mepter (hereinafter “Handphone”) and the provider of marijuana at the investigative agency.

However, the crime of this case is deemed to have been administered by the defendant about 0.1g of phiphones, smokeless marijuana, holding about 0.05g of marijuana, and the crime is considerably poor in light of the applicable criminal methods and its contents, and the defendant has three times the sentence of the same crime and two times the suspended execution, and in particular, on January 25, 2013, he/she was sentenced to six months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Changwon District Court for the same kind of crime, and committed again during the suspended execution period on July 27, 2013 (the crime of this case is within three years from the suspended execution of the sentence; the crime of this case falls under the scope of imprisonment with prison labor for the same or similar kind of crime (the period of imprisonment with prison labor for the same kind of crime, age, sex, environment, motive and circumstance after the suspended execution of the sentence; and the scope of imprisonment with prison labor for the same kind of crime and the specific sentencing guidelines (the scope of punishment imposed by the court below).