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(영문) 부산지방법원 2016.11.04 2016노2608

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the circumstances, such as the fact that the Defendant made a confession of all the instant crimes and reflects his mistake in depth, and that the investigation agency appears to have made a statement to the Defendant as to the person who provided the Mepta (hereinafter referred to as “mephone”) in the investigative agency.

(2) The crime of this case is that the defendant gives and receives approximately 0.15g in total from E on two occasions, receives approximately 0.3g in total from G over three occasions, administers 0.05g or 0.03g in total from phiphones, smokes and gives and receives approximately 0.7g in phiphones, and the crime is very poor in light of the applicable criminal law and its contents, etc., the defendant has a history of serving two times in punishment for the same crime and two times in suspended execution, and in particular, the defendant has been sentenced to imprisonment for a violation of the Punishment of Violence, etc. Act (joint injury) at the Busan District Court on November 3, 201, and the sentencing guidelines of this case are as follows: The punishment of this case during the period of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as the "Act on the Control of Narcotics, etc."), and the defendant has been sentenced to an aggravated punishment of each of the above crimes during the period of imprisonment with prison labor for the same or similar sentencing.