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(영문) 부산지방법원 2015.12.03 2015노3125

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and four months of imprisonment) is too unreasonable.

2. The judgment that the defendant led to the confession of the crime of this case, cooperation in the investigation, etc. is favorable to the defendant, but the defendant's trade or possession of phiphones totaled eight times, and the quality of the crime cannot be deemed to be less than that of the crime because of transfer of phiphones provided for the crime. The defendant has the same record as the defendant has eight times, thereby committing the crime of this case during the repeated crime period, and the defendant has already been tried to inform the defendant of additional narcotics crimes. However, the court below has already already rendered a punishment by considering the fact that the defendant has already participated in an important investigation, but it is difficult to view that there is a change of situation that can differ from the court below in the trial, and the above circumstance alone is insufficient to consider the defendant's age, character and behavior, intelligence and environment, motive, means and result of the crime of this case, and circumstances after the crime, etc., the judgment of the court below is reasonable, and the defendant's assertion of unfair sentencing is not justified.

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. It is so decided as per Disposition.