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(영문) 부산지방법원 2016.02.05 2015노4566
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment, confiscation and collection) is too unreasonable.

2. The following facts are acknowledged: (a) the Defendant made a confession of the instant crime and reflects his mistake; (b) the Defendant made a statement to the Defendant at an investigative agency as to the person who sold the cathographs (hereinafter referred to as “cathographs”); and (c) informed the investigation agency of the persons who sold or administered the cathographs, and appears to have contributed to the investigation to the extent that the said person would have contributed to the addition of the criminal lawsuit or the addition of the criminal lawsuit.

However, the crime of this case is that the defendant delivered approximately 0.05 g of philopon free of charge, possesses approximately 0.47 g of philopon, 0.3 g of philopon, and damaged the investigative vehicle which is a car of the defendant using the defendant's vehicle. In light of the method and contents of the crime, the defendant has a history of having been sentenced two times as punishment for the same crime and one fine, and in particular, on April 1, 201, the defendant has been sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (or one year and six months at the Ulsan District Court on July 29, 201) and has committed the crime of this case again during the period of the repeated crime, and there are no special circumstances or changes in circumstances after the sentence is sentenced, and there is no other special circumstances or changes in circumstances, the sentencing guidelines of the defendant's basic crime, the motive and circumstances of the crime of this case, etc., and the sentencing guidelines for the crime of this case.

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