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(영문) 부산지방법원 2017.02.13 2016노2685
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a three-year imprisonment, confiscation and collection) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant, who made a confession of all of the crimes of this case, reflects the mistake, cooperates with important investigation, and submits a public confirmation document.

However, the Defendant repeated the Defendant’s crime of purchasing, selling, administering, etc. phiphonephones several times, and the Defendant did not want to transfer phiphones handled by the Defendant, the Defendant committed the instant crime with six criminal records of criminal punishment for the same kind of crime, and thereby committed again during the repeated crime period. Narcotics-related crimes have great harm to society and, in particular, selling and delivering phiphones to others, are likely to cause a crime related to narcotics by spreading narcotics, and there is a need for more severe punishment. Considering the Defendant’s age, sexual behavior, environment, means and method of the crime, circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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