beta
(영문) 부산지방법원 2015.08.19 2015노1816

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty imposed by the court below (one hundred months of imprisonment and additional collection) is too unreasonable.

2. It is recognized that the Defendant led to the confession of the instant crime and reflects his mistake, and the instant crime was committed once by the Defendant, including the fact that the Defendant administered the Mepta (hereinafter “Handphone”), and that he voluntarily attended the investigative agency after the instant crime and voluntarily surrenders to the police agency.

However, on September 16, 201, the Defendant has been sentenced to two criminal punishment and one time suspension of indictment for the same crime. In particular, on October 10, 201, the Busan District Court sentenced to two years of imprisonment for the violation of the Act on the Control of Narcotics, etc., but on May 30, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor for the violation of the Act on the Control of Narcotics, etc., at Busan District Court on May 14, 2013, and the above suspended sentence becomes effective on October 14, 2014, and even after the execution of the sentence was completed on October 14, 201, he was detained in the instant case and was sentenced to 13 days of punishment for the violation of the Act on the Control of Narcotics, etc. (the age, career, character and environment, motive and method of the instant crime, method and result of the crime, and the scope of sentencing guidelines for five years or more prior to the enforcement of sentencing guidelines (the sentencing guidelines for five years or more).

In full view of the lower limit, it is not recognized that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too unlimited.

Therefore, the defendant's above assertion cannot be accepted.