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(영문) 부산지방법원 2016.07.15 2016노1446
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendants to each punishment (Defendant A: imprisonment of one year and eight months, confiscation and additional collection, Defendant B: imprisonment of ten months and additional collection) is too unreasonable.

2. It is recognized that the Defendants made a confession of all of the instant crimes and reflect in depth their mistake.

However, the crime of this case is committed by Defendant A while holding approximately 1.25 g of Mephones (hereinafter referred to as “phiphones”) and selling Defendant B with an aggregate of KRW 900,000,000,000,000,0000,000 won for three times from Defendant A; Defendant B purchased phiphones for three times from Defendant A; in light of the applicable law and content of the crime, the crime is considerably poor; Defendant A has a record of criminal punishment one time and one time of suspended sentence for the same crime; Defendant A has been sentenced to imprisonment with prison labor for the same kind of crime and one time of imprisonment with prison labor for a violation of the Narcotics Control Act (fence) at the Busan District Court on July 21, 201; Defendant B had been sentenced to a suspended sentence for two years and more; Defendant B had been sentenced to a new sentence of imprisonment with prison labor for each of the above crimes with prison labor for three years and six months after the end of each of the crimes; and Defendant A had been sentenced to a suspended sentence for three years and six months after each of the same crimes.

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