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(영문) 부산지방법원 2015.12.11 2015노1381
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment and additional collection) is too unreasonable.

2. However, it is recognized that the circumstances, such as the confession of the Defendant to the instant crime, and the fact that the Defendant reflects his mistake, and that the investigative agency stated the Defendant as to the person who provided the Mepta, etc.

However, on August 12, 2014, the Defendant was sentenced to four times a sentence for the same crime and one year a suspended sentence, and in particular, on August 2, 2014, at the Busan District Court sentenced to two years a suspended sentence to a violation of the Act on the Control of Narcotics, Etc. on the grounds of a violation of the Act on the Control of Narcotics, etc., which became final and conclusive on August 20, 2014, and committed the instant crime again during the suspended sentence. There are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment, and there are various sentencing conditions and the sentence imposed by the lower court on the instant pleadings, such as equity of sentencing with the same and similar cases, Defendant’s age, character and behavior, environment, motive and circumstance of the crime, etc., and the scope of a suspended sentence under the sentencing guidelines, which constitute a violation of the Act on the Control of Narcotics, etc. (f) of the scope of a recommended sentence under the sentencing guidelines, and the scope of a suspended sentence of one to three years a suspended sentence.

In full view of the lower limit, it is not recognized that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too large.

Therefore, the defendant's above assertion is not accepted.

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

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, “the summary of evidence” of the second sentence of the judgment of the court below is “1.” The prosecutor’s investigation report and additional collection charges are added, and the same line is six.

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