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(영문) 부산지방법원 2016.08.12 2016노2137
마약류관리에관한법률위반(향정)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a year and six months of imprisonment, confiscation and collection) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. It is recognized that there are circumstances such as the fact that the Defendant made a confession of all the instant crimes and reflects his mistake in depth, the fact that the Defendant voluntarily surrendered to the investigation agency regarding the partial crime of the instant case 1088 Godan 2015 Gool as indicated in the lower judgment, and the fact that the Defendant appears to have actively cooperatedd with the relevant investigation by informing the investigation agency of the persons who sold and administered the Megatotop (hereinafter “Megaphone”) and arrested them through the Megatos, etc.

However, the crime of this case was committed four times by the defendant administered approximately 0.03 g or French volume of phiphones, purchased approximately three parts of phiphones, offered good offices for sale of phiphones ( approximately seven minutes). In light of the method and content of the crime, the crime was considerably poor; the defendant continued to purchase or administer phiphones without being aware of himself/herself even after he/she surrenders to an investigative agency; the defendant was committed the crime of this case in the second half of 188 (Consolidation) ruling of the court below; the defendant was sentenced one time to criminal punishment for the same crime and one time of suspended execution; in particular, the defendant was sentenced to imprisonment on July 12, 2012 with prison labor for the same and similar violations of the Narcotics Control Act at the Seo-gu Seoul District Court; the defendant was sentenced to the punishment of this case during the period of punishment of each of the above crimes; the defendant's motive and sentence of this case; and each of the above crimes was sentenced to the punishment of this case during the period of punishment of each of this case.

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