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(영문) 부산지방법원 2016.11.18 2016노2283
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (two years of suspended execution, 40 hours of probation and community service, and 40 hours of pharmacologic treatment and collection) imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant made a confession of all the crimes of this case and reflects his mistake in depth, and that there is no particular criminal record except for the punishment of a fine of three times for the crimes of this case.

However, the crime of this case is committed by the defendant in collusion with B two times about 0.03 g of each merpter (hereinafter "prophones"). approximately 1.36 g of the phiphones, possession of approximately two 1.36 g of the phiphones independently, and purchase about 0.03 g of the phiphones on three occasions in their own, and in light of the method and contents of the crime, the crime is very poor in light of the fact that there are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below, and the sentencing of the same and similar cases is equitable, age, character and behavior, environment of the defendant, motive and circumstance of the crime, etc. after the crime is committed. According to the various sentencing conditions as shown in the argument of this case, and the sentence imposed by the court below following the crime falls under the scope of punishment ① imprisonment with prison labor for the 0-month medication and the scope of punishment for each violation of the Act on the Control of Narcotics, Etc. (hereinafter referred to as "the 2-month sentencing guidelines"), among the sentencing guidelines, etc.

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