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(영문) 부산지방법원 2015.06.05 2015노401
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (two years and six months of imprisonment, confiscation, additional collection) is too unreasonable.

However, it is recognized that the circumstances such as the fact that the Defendant made a confession of the entire crime of this case and reflects his mistake, and the fact that the Megatopist (hereinafter referred to as “phiphone”) possessed by the Defendant was entirely seized from the Defendant and his accomplice, etc.

However, on August 23, 2012, the Defendant: (a) was sentenced to imprisonment for one year and four months with prison labor for a violation of the Act on the Control of Narcotics, Etc.; (b) even after the execution of the sentence was completed on July 13, 2013, the Defendant committed the instant crime; (c) the amount of phiphonephones in possession is about 36.95g and delivered to F; (d) the amount of phiphones in total is about 0.6g; (b) there are no special circumstances or changes in circumstances that may be newly considered after the lower judgment is sentenced; (c) the sentencing range with the same and similar incidents; (d) the age and character of the Defendant; (v) the motive and background of the crime; and (v) the period of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc.; and (v) the period of imprisonment with prison labor for not more than 3 years; and (v) the scope of imprisonment with prison labor for not more than 2 years before the enforcement of the Act on the same or similar sentencing guidelines.

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