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(영문) 부산지방법원 2016.04.07 2016노245
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a prison labor for not less than 10 months and an additional collection) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant led to the confession of the instant crime; (b) the Defendant’s mistake was divided; and (c) the investigation was initiated upon the Defendant’s leakage or report; and (d) the Defendant’s leakage or participation in the Defendant’s preemptive action against the Defendant, and the Defendant’s movement to keep the Defendant from repeating the crime.

However, the Defendant had the record of criminal punishment 15 times including the same criminal records and two times for narcotics, and in particular, committed the instant crime without being aware of the fact that he/she was during the period of suspension of execution due to narcotics crimes, and narcotics-related crimes require strict punishment as serious crimes with substantial social harm and risk of recidivism, and there is no change of circumstances that may be considered in sentencing after the sentence of the lower judgment, and considering various sentencing conditions such as the Defendant’s age, sex behavior, environment, means and method of the crime, and circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, 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.

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