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(영문) 부산지방법원 2017.02.10 2016노4711

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment, confiscation and collection) is too unreasonable.

2. It is recognized that the Defendant made a confession of all the instant crimes and reflects his mistake in depth, the Defendant made a statement to the investigative agency as to the person who provided the Meptist (hereinafter “Handphone”), obtained the person who administered the phiphones from the investigative agency, and made the person who sold the phiphones voluntarily surrenders to the investigative agency, informed the person who sold the phiphones through the buphones, and sent the buphones to the person, etc., and actively cooperate in the relevant investigation.

However, the crime of this case is that the defendant administered approximately 0.05 g of philophones, possessed approximately 1.25 g of philophones, and the criminal character of the crime is considerably poor in light of the method and contents of the crime, and the defendant has been sentenced seven times to imprisonment and one fine for the same crime. In particular, on December 18, 2015, the Busan District Court sentenced ten months of imprisonment with prison labor for the crime of violation of the Narcotics Control Act at the Busan District Court on March 2, 2016 and again committed the crime of this case during the repeated period after the execution of the above punishment was completed; according to the following facts: equity in sentencing with the same and similar incidents; the defendant's age, sex, environment, motive and circumstance of the crime; and the scope of the punishment of this case, including the recommendation of the majority of the crimes of this case during three or more years of imprisonment with prison labor, and the scope of the punishment of each of the special crimes of this case, including recommendation or punishment, is within three years of punishment (3 or more years of punishment).