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(영문) 부산지방법원 2012.12.27 2012노3256
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the crime of paragraphs 1 through 8 above: imprisonment of 2 years and 6 months, and the crime of No. 9 in its decision: imprisonment of 6 months, confiscation, additional collection of 876,692) is too unreasonable.

2. However, even though the Defendant is recognized to have led to the confession of the instant crime, the Defendant was sentenced to imprisonment with prison labor for the same crime on February 2, 2010, and the execution of the sentence was completed, and on the other hand, delivered and disseminated the instant crime to other persons several times. The amount of penphones handled is large, the Defendant has been punished several times for narcotics-related crimes (including three times of practical punishment). The Defendant was sentenced to imprisonment with prison labor for one year and three months on October 11, 2007 due to a violation of the Act on the Control, etc. of Narcotics, etc., and was sentenced to imprisonment with prison labor for one year and two months, and was sentenced to imprisonment with prison labor for the same crime on February 2, 2010, and thereafter for the remaining crime during the period of repeated crime, and the risk of repeating the instant crime is extremely high, and the sentencing of the lower court is deemed to be unreasonable in light of the motive, motive, circumstance, record and circumstances of the instant crime, etc.

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.

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