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(영문) 부산지방법원 2016.04.29 2016노246
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment and additional collection) on the defendant is too unlimited and unfair.

2. It is recognized that the circumstances, such as the fact that the Defendant made a confession of all the instant crimes and repented his mistake in depth, and that it appears that the Defendant actively cooperates in the relevant investigation by making a statement to an investigative agency as to those who traded, arranged, received, etc. a camera other person (hereinafter “conphone”) with respect to the Defendant, and that the said person actively cooperates in the relevant investigation, such as having the said person be detained or prosecuted for non-detained.

However, the crime of this case is that the defendant sells approximately 0.14g of philophones to E twice, sells approximately 0.06g of philophones to K two times, delivers approximately 0.06g of philophones to K two times, and the crime is very poor in light of the number and contents of the crime, and there is a history of criminal punishment of 13 times or less as punishment for the same crime. In particular, on June 27, 2013, the defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court, and on June 19, 2014, the crime of this case is committed again during the suspension period of execution of the above punishment, and since it falls under the case of the same or similar kind of punishment, the punishment of the defendant, the equity in the punishment, the motive and circumstances of each of the crimes of this case, and the sentencing guidelines for each of the crimes of this case, including recommendations, various types of crimes, etc. (one year or more, the sentencing guidelines for the punishment of this case).

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