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(영문) 부산지방법원 2017.06.29 2017노1404

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and eight months) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflected against the Defendant.

However, the crime of this case is that the defendant administered and possessed philophones, smokes and possesses marijuana. The defendant was sentenced to imprisonment with prison labor for not less than one year and six months on February 2015 and completed the execution of the punishment on March 1, 2016, and constitutes a repeated crime by committing the crime of this case only seven months after he was sentenced to imprisonment with prison labor for the same drug crime of this case (i.e., philophones and marijuana). The defendant has six times of the same kind (five times of actual punishment), and other various conditions of sentencing as shown in the records and changes of the case, including the defendant's age, sex, and environment, the sentence imposed by the court below is not heavier.

3. Accordingly, 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. It is so decided as per Disposition.