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(영문) 부산지방법원 2015.03.26 2015노404
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The Defendant’s confession of the instant crime is favorable to the Defendant.

However, the court below determined a punishment by fully taking into account the circumstances favorable to the defendant, and there is no change in circumstances that would be different from the judgment of the court below for the first time and the punishment, the defendant's total number of 9 times of the recovery of phiphones sold, administered, or possessed, and the transfer of phiphones provided for the crime cannot be deemed to be less than the nature of the crime because of the transfer of phiphones. In particular, the defendant has the record of being punished three times due to the same crime, and the defendant again committed the crime in this case during the repeated crime period. In light of the addiction of narcotics and the harm caused by administration of narcotics, etc., the crime related to narcotics need to be punished and eradicated strictly, and the scope of recommendations for the crime in this case according to the sentencing guidelines is from June to July 4, 191, it cannot be deemed that the punishment of the court below is particularly heavy even if following the guidelines, and the defendant's age, character and behavior, intelligence, environment, motive, means and circumstances after the crime in this case.

Therefore, this part of the defendant's argument is without merit.

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

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