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(영문) 부산지방법원 2016.06.30 2016노93

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 reasons for appeal (a year, June and confiscation) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant led to the confession of the crime of this case and repents his mistake, and cooperation in the investigation related to narcotics, etc. are favorable to the defendant.

However, given that the Defendant’s philophones possessed by the Defendant are relatively large, the Defendant has a history of being subject to criminal punishment at least eight times for the same crime, and that the Defendant again committed the instant crime without being aware of the fact that he/she was during the period of repeated crime, and that narcotics-related crimes require strict punishment as serious crimes with high social harm and risk of recidivism, and other various sentencing conditions, such as the Defendant’s age, sexual conduct, environment, means and method of the crime, and the circumstances after the crime, are considered, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, 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 without merit.