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(영문) 부산지방법원 2016.11.24 2016노3094

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment and additional collection) by the lower court is too unreasonable;

2. The judgment of the defendant is favorable to the defendant, such as the fact that the defendant led to the confession of the crime of this case and reflects the mistake, due to the defendant's report by the defendant's wife, that the defendant's wife wanted to take the action against the defendant, and that the defendant cooperated in the investigation.

However, taking into account the Defendant’s age, character and conduct, environment, means and method of crime, circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable, even though the Defendant had been sentenced to criminal punishment for the same kind of crime and is not identical to that of the same crime, the Defendant committed the crime in this case at another time during the repeated crime period; the narcotics-related crime requires strict punishment as a serious crime with a great risk of social harm and recidivism; and other various sentencing conditions, such as the Defendant’s age, character and conduct

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.