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(영문) 부산지방법원 2016.02.04 2015노3929
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant are the following: (a) the Defendant led to the instant crime; (b) the Defendant cooperates with the investigation; and (c) the Defendant is making efforts to block phiphones.

However, the court below determined a punishment by fully considering the circumstances favorable to the defendant, and there is no change in circumstances that would be different from the original court's punishment in the first instance, and the defendant's frequency of administering or delivering phiphones to another person is less than 13 times in combination.

In light of the fact that the Defendant cannot be said to have been punished eight times for the same crime, that the Defendant again committed the instant crime during the period of repeated crime, and that the Defendant again committed the instant crime during the period of repeated crime, and the addiction to narcotics and the harm caused by medication of narcotics, etc., the crime related to narcotics need to be strictly punished and eradicated, and other factors such as the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime are considered to be appropriate.

Therefore, the defendant's argument of sentencing is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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