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(영문) 부산지방법원 2015.05.29 2015노276
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (one year of imprisonment and additional collection) imposed on the accused by the court below is too unreasonable.

On December 18, 2008, it is recognized that there was no record of punishment for the same crime after the defendant was sentenced to imprisonment for eight months in the Busan District Court due to the violation of the Act on the Control of Narcotics, etc. (fence).

However, the Defendant has a past record of criminal punishment twice for the same crime, and the crime of this case is that the Defendant traded approximately 0.03 g of clopon (hereinafter “copon”) and administered approximately 0.03 gopon in light of the method and content of the crime. There are no special circumstances or changes in the nature of the crime, etc. after the sentence of the lower court, and various conditions of sentencing indicated in the argument of this case, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as well as the scope of the recommended sentence according to the sentencing guidelines. ① The sentence imposed by the lower court on the violation of the Act on the Control of Narcotics, Etc. (fopon) due to the purchase and sale of coponopon constitutes imprisonment with prison labor for a period of up to 1 year, and the scope of imprisonment with prison labor for a period of up to 2 years from 3 years from 2 years from 2 years from 2015 to 3 years from copononon.

In full view of the fact that it is the lowest limit, the sentence imposed by the court below is too unreasonable.

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