beta
(영문) 부산지방법원 2017.01.13 2016노4458

마약류관리에관한법률위반(향정)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a year and six months of imprisonment, confiscation and collection) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The fact that the Defendant made a confession of all the crimes of this case and reflects his depth on his mistake is favorable to the Defendant.

On the other hand, the crime of this case is committed by the defendant, who smokes marijuana, administers approximately 0.07 g of merpopon, and holds approximately 1.84 g of opon, in light of the method and content of the crime, etc., the crime of this case is considerably poor, and the defendant has been sentenced to seven criminal punishment for the same crime. In particular, on August 13, 2014, the Incheon District Court sentenced to one year and six months of imprisonment and completed the execution of the above punishment on August 26, 2015, and committed the crime of this case again during the period of repeated crime.

In addition, the following circumstances and the defendant's age, career, sex, environment, motive and background of the crime of this case, the method and method of the crime of this case, the circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines, and the sentence imposed by the court below on the defendant. ① The crime of violation of the Act on the Control of Narcotics, Etc. (f) falls under the aggravated area (f) of the category 3 (c) of the "the medication, simple possession, etc." of the sentencing guidelines for narcotics crime, and thus, the scope of each recommended sentence is one year to 3 years, and one year to 3 years, and ② the crime of violation of the Act on the Control of Narcotics, etc. (mariana) falls under the aggravated area (a special aggravated area: not less than 3 years, but not more than 3 years,) of the aggravated area (a special aggravated area) of the sentencing guidelines for narcotics crime, and thus, the scope of the recommended sentence is three years to 10 to 2 years.