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(영문) 부산지방법원 2017.01.13 2016노4274

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment and additional collection) on the defendant is too unlimited and unfair.

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 investigative agency appears to have cooperated with the relevant investigation by making a statement about the narcotics offender and arresting the person above, etc.

However, the crime of this case was administered by the defendant after purchasing approximately 0.05 g 100,000 won for the metlopon (hereinafter referred to as "copon"). In light of the method and contents of the crime, etc., the crime of this case is considerably poor; the defendant committed the crime of this case once as a single crime of the same kind and one suspended execution, even though he/she had the record of being subject to one criminal punishment once, the crime of this case; and other various sentencing conditions specified in the arguments of this case, such as equity in sentencing with the same and similar cases; the defendant's age, sexual behavior, environment, motive and circumstance after the crime; and the sentence imposed by the court below for the violation of the Act on the Control of Narcotics by using Phopon medication, etc. (1) The scope of imprisonment with prison labor for not more than three years (2) years and less than three years (3) years from the date of suspended execution or more than three (3) years from the date of recommendation to buy and sell narcotics, etc.) and the scope of aggravated punishment (3) years from the above.