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(영문) 부산지방법원 2016.11.18 2016노1040
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (two years of suspended execution and forty hours of probation and pharmacologic treatment in eight months of imprisonment and 40 hours of collection) sentenced by the court below is too unreasonable.

2. It is recognized that the circumstances, such as the confession of the Defendant to commit the instant crime, and his depth reflects his mistake, and the fact that the Defendant does not have any other criminal record, except for the criminal punishment sentenced to a fine of four times for the instant crime.

However, the crime of this case is deemed to have been administered approximately 0.05g in collusion with A. In light of the method and content of the crime, etc., the crime of this case is considerably poor in terms of the nature of the crime, there are no special circumstances or changes in circumstances that may be newly considered after the judgment of the court below, etc., and other various sentencing conditions shown in the argument of this case, such as equity in sentencing with like or similar cases, Defendant’s age, character and conduct, environment, motive and circumstance of the crime, etc., and the sentence imposed by the court below falls under the basic area of Category 3 (b) and (c) of the sentencing guidelines for narcotics crimes in accordance with the sentencing guidelines, the scope of the sentence of the recommendation is from October to 2 years.

In full view of the fact that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too unreasonable.

Therefore, the defendant's above assertion is not accepted.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, pursuant to Article 25(1) of the Regulations on Criminal Procedure, "narcotics" in the fourth five lines of the judgment of the court below shall be corrected as "each narcotics".

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