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(영문) 부산지방법원 2016.08.11 2016노1427

마약류관리에관한법률위반(향정)등

Text

All appeals by the defendant are dismissed.

Reasons

1. The summary of the grounds for appeal (No. 1 year of imprisonment, additional collection of KRW 100,000, KRW 200,000, KRW 3000, and KRW 700,000) that the original court sentenced to the defendant is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant led to the confession of each of the instant offenses, the fact that the Defendant appears to have been arrested by reporting the Defendant’s spouse, the health of the Defendant is not good, the Defendant cooperates in the investigation related to narcotics, the social relationship is clear, and the offense of violation of the Act on the Control of Narcotics, etc., which was established on August 19, 2014 and the offense of violation of the Act on the Violation of the Act on the Control of Narcotics, etc., which was established on August 19, 2014 and the offense of violation of the Act after Article 37 of the Criminal Act, and that the equity should be considered

However, considering the fact that the Defendant was punished for six times as a crime related to narcotics, and has been punished twice as a violation of the Attorney-at-Law Act, and that the Defendant again committed the instant narcotics-related crime without being aware of even though he/she is a repeated crime period, and other various circumstances, such as the Defendant’s age, sex, environment, family relationship, means and result of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing as indicated in the instant records and changes, the lower court’s sentence imposed on the Defendant is too unreasonable.

3. In conclusion, the Defendant’s appeal against the lower judgment is without merit, and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act (the first instance trial against the lower judgment was concurrently examined, but the Defendant was sentenced to two years to imprisonment for a violation of the Narcotics Control Act at the Ulsan District Court on August 19, 2014, and the second instance judgment became final and conclusive on August 19, 2014 and the second instance judgment became final and conclusive on August 19, 2014 and the latter part of Article 37 of the Criminal Procedure Act should be sentenced to a separate punishment.