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(영문) 부산지방법원 2015.08.19 2015노1747

마약류관리에관한법률위반(향정)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The punishment of the lower court (one year, two months of imprisonment and additional collection) shall be too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

However, it is recognized that the circumstances such as the fact that the Defendant led to the confession of the facts charged in the instant case, and the depth of his mistake, and the quantity of the merptist administered and possessed by the Defendant (hereinafter referred to as “copon”), are relatively large.

However, the Defendant has been sentenced to eight times of punishment and one fine for the same crime, and in particular, on September 27, 2013, the Busan District Court sentenced to one year and two months of imprisonment for the violation of the Act on the Control of Narcotics, Etc. and completed the enforcement of the sentence on July 4, 2014, but committed the instant crime again during the repeated crime period, and the Defendant appears to have avoided accurate statements about the upper line purchased the penphone. The Defendant seems to have avoided accurate statements after the lower court sentenced the sentence. According to the equity in sentencing with the same and similar incidents, the Defendant’s age, character and conduct, environment, motive, means and method of the crime, the circumstances after the crime was committed, etc., as stated in the instant arguments, and the sentencing period of the lower court was within three years of imprisonment with prison labor for the same kind and similar crimes (one year of imprisonment with prison labor for the 1 to three years prior to the enforcement of the Act on the Control of Narcotics, etc.) and the scope of punishment for each violation of the former Sentencing within the sentencing period (one to three years prior to the end of five years of imprisonment).

In full view of internal points, the sentence imposed by the court below is deemed to be appropriate, and it is not recognized that the sentence is too heavy or unreasonable.