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(영문) 부산지방법원 2016.03.25 2016노61

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment, confiscation and collection) is too unreasonable.

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

However, the crime of this case is deemed to have been administered two times by the defendant, approximately 0.27g of philophones, approximately 0.25ml of liquid dilution. In light of the method and contents of the crime, etc., the crime of this case is considerably poor, and the defendant was punished by imprisonment with prison labor and three months at the Changwon District Court on March 20, 2014, and committed the crime of this case again on August 20, 2014 even after the execution of the punishment was completed, while the punishment of this case was completed, and there was no special circumstance or change of circumstances that may be newly considered after the decision of the court below, and the punishment of this case is deemed to have been executed within three years of imprisonment with prison labor for the same and similar crimes, and the scope and scope of punishment of each of the crimes of this case, including the equality of sentencing, age, criminal conduct, environment, motive and circumstance of the crime, etc., as stated in the sentencing guidelines of this case.

In full view of the fact that the sentence imposed by the court below is too unreasonable because it is too large.

Therefore, we cannot accept the defendant's above assertion.

3. If so, the defendant's appeal is justified.