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(영문) 부산지방법원 2015.11.27 2015노3303
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. It is recognized that the circumstances, such as the confession of the Defendant to commit the instant crime, the depth of his mistake, and the fact that his health conditions are not good due to circulation, etc., are recognized.

However, the crime of this case is deemed to have been administered twice by the Defendant. In light of the method and contents of the crime, etc., the quality of the crime is poor. The Defendant has been sentenced two times to imprisonment for the same crime and one year and four months of suspended execution. In particular, on May 16, 2014, the Busan District Court sentenced one year and four months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on October 27, 2014, and again committed the crime of this case during the repeated period. The Defendant was detained and was subject to disciplinary punishment of 10 days of imprisonment for the violation of the Act on the Control of Narcotics, etc., and there is no special circumstance or change in circumstances that may be newly considered after the issuance of the judgment of the court below. The punishment of imprisonment with prison labor for the same and similar crimes, Defendant’s age, character and behavior, environment, motive and circumstance of the crime of this case, and the scope of sentencing guidelines for each of the crimes of this case is within three years after the suspended sentence (one year or more).

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 unlimited.

Accordingly, the defendant's status.

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