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(영문) 부산지방법원 2015.10.16 2015노2531

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year 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 the entire crime of this case and reflects his mistake, and that the investigation agency appears to have cooperated with the relevant investigation by informing the person who administered the merptopy (hereinafter referred to as “copon”), such as informing the person who administered the merpopon, and arresting him.

However, the crime of this case is that the defendant received approximately 0.07 g of oponon from E, administered approximately 0.03 g of opononon, and the criminal character is considerably poor in light of the method and content of the crime, and the defendant has been sentenced to criminal punishment five times for the same crime. In particular, on September 26, 2013, the Busan District Court sentenced 1 year and six months of imprisonment for the crime of violation of the Act on the Control of Narcotics, Etc. at Busan District Court on September 23, 2014, and sentenced 1 year and six months to the crime of this case during the period of repeated crime even after the execution of the punishment was completed, there is no special circumstance or change of circumstances that may be newly considered after the decision of the court below, and other various sentencing conditions as shown in the argument of this case, such as the equity of sentencing with the same or similar case, the defendant's age, character and behavior, environment, motive and circumstance of the crime, and the sentencing guidelines after the crime, etc., are modified to 15 15.

The sentencing criteria for drug crimes are as follows: hereinafter “former sentencing criteria”.

Of the “trade, good offices, etc.” referred to in Category 2 (mariju, fla).

Items c) and c.

The scope of the recommendation and sentence that falls under the aggravated area (a person under special guard: a person under special guard: a person before the same criminal record (a person under suspension of execution not exceeding three years)) shall be one year and six months to four years, and a person who violates the Act on the Control of Narcotics, etc. (flavotion) due to the administration of phiphonephones, etc. shall be punished by the category 3 (flavoring) among the

(i) the item;