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(영문) 부산고등법원 2016.01.20 2015노692
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (defendant B: imprisonment with prison labor for one year, etc., and Defendant C: imprisonment with prison labor for two years) is too unreasonable.

2. Determination

A. Considering the favorable circumstances for Defendant B, such as the fact that Defendant B both recognized the instant crime and is against their depth, that Defendant B was punished for the same kind of crime in 196, that it was not committed for a considerable period of time after having been punished for the same crime, that it was not committed, that it was necessary to support the mother and his father, a high school student, etc., the instant crime is issued by the method that Defendant B in injection of philopon to Defendant B, that it was discovered that Defendant B was in possession of philopon and marijuana. As such, the instant crime was discovered that Defendant B was administered once by soliciting A to commit the instant crime, that the amount of philopon was not large, that was in possession of philopon, even though there was a history of punishment twice as to the instant crime, the sentence against Defendant B is too unfair by comprehensively taking into account the circumstances unfavorable to Defendant B, all the sentencing conditions set forth in Article 51 of the Criminal Act, and the sentencing guidelines of the Sentencing Committee.

B. Considering the favorable circumstances in relation to Defendant C, such as the fact that Defendant C both recognized the instant crime and is in violation of the depth, cooperation with the investigation, and support for wife and children, the instant crime is committed under the circumstances unfavorable to Defendant C, such as the following: (a) the Defendant C purchased and sold philopphones and temporary narcotics; (b) sold them again; (c) possessed another person’s credit card; and (d) embezzled without having returned it; (b) Defendant C was sentenced to punishment once for the same crime; and (c) having been subject to punishment once for a suspended sentence of one time for the same crime; and (d) the Defendant committed each of the instant crimes for a period of a suspended sentence of five months or less; and (c) in particular, the Defendant committed each of the instant crimes against Defendant C at a disadvantage and other criminal laws.

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