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(영문) 부산지방법원 2016.10.13 2016노2288
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (a punishment of three years of imprisonment, an additional collection of 7050,000 won) is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s confessioning of the instant crime for the first time in the trial, and the Defendant’s cooperation in the investigation related to narcotics in the trial.

However, the Defendant was sentenced to a suspended sentence four times, including the past punishment once for a crime related to narcotics, and was sentenced to a fine six times, and the Defendant was sentenced to a suspended sentence for six months on May 21, 2014 due to a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.). The judgment on May 29, 2014 became final and conclusive. On July 3, 2014, the Defendant was sentenced to a suspended sentence of one year for a crime of violation of the Act on the Control of Narcotics, etc., and was sentenced to a suspended sentence of two years on July 11, 2014, and again committed each of the instant crimes without being informed of the suspended sentence even during each period. The Defendant sold 1.4g or 5.25gg on several occasions to leave, and the Defendant sold several times to 24.65gs, which can be administered at the same time, and the Defendant’s age, character and behavior, and circumstances, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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