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(영문) 부산지방법원 2015.12.11 2015노3709

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment, confiscation and additional collection) is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant made a confession of the entire crime of this case and reflects his mistake, and that the Defendant made a statement at an investigative agency about the person who delivered the merptist (hereinafter referred to as “prophone”).

However, the crime of this case is that the defendant delivered approximately 0.72 g of phiphones to G, etc. five times to deliver and receive approximately 0.06 g of phiphones, administered approximately 0.37 g of phiphones, and the crime is considerably poor in light of the method and contents of the crime. The defendant has a record of criminal punishment once criminal punishment for the same crime. In particular, on May 2, 2013, the defendant was sentenced to imprisonment for 10 months with prison labor for the violation of the Game Industry Promotion Act at the Busan District Court on July 19, 2013, and again committed the crime of this case during the repeated crime period, and there is no special circumstance or change of circumstances after the judgment of the court below was sentenced, and the sentencing guideline of 1.5 g of the same and similar crimes (the sentencing guidelines of 1.5 g of the Act on the Control of Narcotics, etc.) is to be executed, 1.5 g of the former sentencing guidelines (the sentencing guidelines of 2.5 g of the Act).