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(영문) 부산지방법원 2017.03.09 2016노4762
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment, confiscation, additional collection of 1050,00 won) on the summary of the grounds for appeal is too unreasonable.

2. That the defendant does not have any record of being punished for a crime related to narcotics, and that he/she does not drive his/her without a license while disposing of his/her vehicle;

It can be considered as a type data favorable to the defendant.

However, in light of the fact that the Defendant’s administration period of narcotics is not less than seven months, and in particular, from 6th to 8th day of August, 2016, the Defendant has administered the narcotics once a day, and that the dose is more than 0.07g or 0.14g ordinarily, and that it has actively purchased the narcotics through Internet search, it is deemed that the Defendant’s dependence on the Defendant’s penphone is very high, and furthermore, it was intended to put the phone into the beer balance of R, which has no experience in administering the narcotics.

In addition, the defendant has been punished for violating the Road Traffic Act due to drinking or non-licensed driving, and in particular, on November 28, 2014, the Changwon District Court rendered a two-year decision of suspension of the execution of imprisonment due to drinking or non-licensed driving on November 28, 2014, but was sentenced to a two-year decision of suspension of the execution during the period of suspension of the execution of the imprisonment, continuously suspended the indictment, sentenced to a fine not exceeding twice, and committed the violation of the Road Traffic Act (non-licensed driving) in this case.

In full view of these factors, the sentence of the court below is not hot even when taking into account the favorable circumstances mentioned above, even if taking into account the above favorable conditions, such as the age, sex, and environment of the defendant.

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

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