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(영문) 부산지방법원 2016.09.30 2016노2798
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (Defendant A: imprisonment with prison labor and one year and six months and additional collection, Defendant B; imprisonment with prison labor and one year and additional collection) declared by the court below to the Defendants.

2. As to the reasons for Defendant A’s appeal, the following circumstances are acknowledged: (a) Defendant A made a confession of all the instant crimes and reflects his mistake in depth; and (b) Defendant B appears to have been arrested by cooperating with an investigation by having the investigative agency in cooperation with the investigation by making a statement to the person who sold the Mept crophones (hereinafter “Mephones”).

However, Defendant A purchased approximately 0.25 g in total of philophones on two occasions, sold approximately 2.1g in total, and administered approximately 0.05 g in philophones on three occasions. In light of the method and content of the crime, the crime committed in this case is considerably poor, Defendant A committed the crime in this case even though he had the record of being sentenced one time to imprisonment with labor for the same crime and three times suspended execution, and there is no special circumstance or change of circumstances that may be newly considered after the decision of the court below was made. Such other factors as equity in sentencing with the same and similar cases, Defendant A’s age, sexual behavior, environment, motive and circumstance of the crime, etc., and the scope of sentence imposed by the court below on the argument of this case, including

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