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(영문) 부산지방법원 2017.01.13 2016노4417
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a prison term of one year and four months, confiscation and collection) is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant made a confession of all the instant crimes and reflects his mistake in depth, appears to have voluntarily surrendered to an investigation agency, the Defendant’s statement by the investigative agency about the person who provided the Mepter (hereinafter “philopon”), and information about the person who purchased and sold, received, and administered the Melopon to an investigation agency via the Melopon, and arresting the person who traded, received, and arrested the Melopon, appears to have actively cooperated with the relevant investigation.

However, the crime of this case is committed by the defendant in collusion with C in two times, administered opphones by himself, holding approximately 0.16g of opphones independently, in light of the number of the crimes and the contents thereof, etc., and the defendant has been sentenced to five criminal punishment for the same crime, and in particular, on February 22, 2013, he was sentenced to one year of imprisonment for a violation of the Narcotics Control Act at the Ulsan District Court on September 4, 2013, and again committed the crime of this case during the period of the repeated crime, even after the execution of the above punishment was completed, and there is no special circumstance or change of circumstances that may be newly considered after the judgment of the court below, and there are various conditions of sentencing as indicated in the arguments of this case, such as the equity of sentencing with the same and similar cases, the age of the defendant, sex, environment, motive and circumstance of the crimes, etc., and the scope of punishment for each of the crimes of this case, including the punishment of imprisonment with prison labor for not less than six months, among the sentencing guidelines (3 months).

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