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(영문) 부산지방법원 2016.11.25 2016노3948
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced to the defendant (one year and six months of imprisonment and additional collection) is too unreasonable.

2. It is recognized that the Defendant made a confession of all of the instant crimes and reflects his mistake in depth, and the instant crime is in a concurrent relationship between the violation of the Act on the Control of Narcotics, etc. (fence) and the latter part of Article 37 of the Criminal Act, which became final and conclusive, and that the sentence should be imposed in consideration of equity with the case where a concurrent judgment is to be rendered pursuant to Article 39(1) of the Criminal Act.

However, the crime of this case is deemed to have been sold KRW 170g in total to KRW 22,100,000,000 for 11 times. The crime of this case is deemed to have a very poor nature in light of the method and content of the crime. The crime of this case seems to have resulted in a serious social harm caused by circulation of large numbers of phiphonephones in the Republic of Korea. The defendant has a record of having been sentenced to nine times a sentence for the same crime and one fine. In particular, on February 15, 2011, at the Busan District Court of Busan on the grounds of the crime of violation of the Act on the Control of Narcotics, etc. ( native) in Busan on June 16, 201, after having been sentenced to three years of imprisonment with prison labor for the crime of violation of the Act on the Control of Narcotics, etc. (commenction) at the Busan High Court on March 16, 2014, the crime of this case was committed again during the period of the crime, and the circumstances and circumstances of the criminal sentencing of this case are not applied.

In full view of the above, it is not recognized that the sentence imposed by the court below is too unreasonable because it is too unreasonable.

Accordingly, the defendant's status.

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