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(영문) 부산지방법원 2016.09.30 2016노2675
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a prison term of 10 months and 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 in depth.

However, the crime of this case is that the defendant smokes marijuana and takes custody of 1.73g of marijuana. The crime of this case is considerably poor in light of the applicable method and content of the crime, and the defendant has two times of punishment for the same crime, one time of suspended execution, and one time of fine. In particular, on December 7, 2012, the Changwon District Court sentenced two years of suspended execution to the violation of the Narcotics Control Act (mariana), and revoked the above suspended sentence on March 4, 2014. The above suspended sentence was sentenced to four months for the same crime in the same court on July 18, 2014. The defendant committed the crime of this case on April 24, 2015, since there are no special circumstances or changes in circumstances after the sentence of each of the above suspended sentence, and thus, the defendant's punishment guidelines for the same crime of this case, including imprisonment with prison labor for the same crime of this case, three months or more, and the motive and extent of the suspended sentence of each of the crimes 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, the defendant's above assertion is accepted.

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