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(영문) 부산지방법원 2015.10.30 2015노2961
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty imposed by the court below (one hundred months of imprisonment and additional collection) is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant made a confession to the entire crime of this case and reflects his mistake, the fact that the Defendant voluntarily surrendered to the investigation agency, and the Defendant made a statement to the investigative agency as to the person who satisfecule (hereinafter referred to as “satisfphone”), etc.

However, the Defendant committed the instant crime on January 26, 2015 when the sentence of the suspension of execution becomes invalidated as he/she was sentenced to 10 months of imprisonment with prison labor for the same crime, and in particular, on June 28, 2013, after being sentenced to 10 months of the suspension of execution with prison labor for a violation of the Act on the Control of Narcotics, Etc., at the Busan District Court on the same date on February 6, 2014 and sentenced to 10 months of the suspension of execution with the same crime at the same court on the same date on June 10, 2014, and again committed the instant crime during the suspension of execution of the sentence after the completion of the sentence on January 26, 2015. According to the fact that the Defendant was detained as the instant case and was subject to 15 days of punishment for the violation of the Act on the Control of Narcotics, etc., the punishment range of imprisonment with prison labor for the same or similar crime, Defendant’s age, character and behavior, motive and circumstances, etc.

Comprehensively taking into account the lower limit, the lower court.

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