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(영문) 부산지방법원 2016.06.02 2015노4633

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (ten months of imprisonment, two years of suspended execution, confiscation, additional collection, observation of protection and an order to attend pharmacologic treatment) is too unreasonable.

2. Considering the following circumstances: (a) the Defendant recognized the instant crime; (b) informed the Defendant of the fact that the instant crime was committed; (c) provided cooperation in the investigation by an investigative agency by informing the Defendant of the fact that the Defendant was arrested and revealed by the Defendant’s information; and (d) the Defendant appears to clearly have a social relationship; and (c) there was no record of having been punished for narcotics crimes.

However, the court below has already determined a punishment by fully taking into account the above favorable circumstances, and there is no change of circumstances that could differ from the court below in the trial, narcotics-related crimes require strict punishment as serious crimes with high social harm and risk of recidivism, and the amount of philophones administered or possessed by the defendant is relatively large, and there is a history of criminal punishment six times (including two times of suspended execution) of the crime, and other various sentencing conditions such as the defendant's age, sex, environment, means and method of the crime, and circumstances after the crime are considered, it cannot be deemed unfair since the sentence imposed by the court below is too excessive.

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.