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(영문) 부산지방법원 2016.05.13 2016노910
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a punishment of imprisonment with prison labor, a year and two months, confiscation and collection) is too unreasonable.

2. It is recognized that the Defendant made a confession of all the instant crimes and reflects his depth on his mistake, and that he voluntarily voluntarily reported to the investigation agency after the instant crime was committed.

However, the crime of this case is deemed to have been administered two times each by the defendant, approximately 0.05 g, each of which is about 0.05 g, and held about 0.44 g, and the quality of the crime is considerably poor in light of the method and contents of the crime. The defendant has the record of being sentenced 12 times to imprisonment with labor and one fine for the same crime. In particular, on January 10, 2014, the Busan District Court sentenced 1 year to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on November 24, 2014, and again committed the crime of this case during the period of the repeated crime, according to the fact that the defendant committed the crime of this case on November 24, 2014, since there are no special circumstances or changes in circumstances subsequent to the sentence of the court below, the punishment of the same or similar crime, the defendant's age, the defendant's environment, the motive and scope of the crime of this case, and the sentencing guidelines of this case.

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

Therefore, we cannot accept the defendant's above assertion.

3. Conclusion

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