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(영문) 부산지방법원 2016.11.10 2016노3505
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s confession of the instant crime and reflects the mistake, the Defendant has no criminal record exceeding the same criminal record or fine, and the Defendant’s parents want to take the Defendant’s wife against the Defendant.

However, considering various sentencing conditions such as the Defendant’s age, character and behavior, environment, means and method of committing a crime, and circumstances after committing a crime, the sentence imposed by the lower court is too unreasonable, considering the following: (a) the Defendant’s quantity of phiphones purchased by the Defendant is very large, and the number of phiphones is very high, and the sales and delivery of phiphones to others is highly harmful to society; (b) the act of selling and delivering phiphones, etc. to others is likely to cause a crime related to narcotics by spreading narcotics; and (c) the Defendant’s degree of phiphone addiction is deemed to be less severe; and (d) the punishment imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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