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(영문) 부산지방법원 2016.09.29 2016노2024
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, seizure, and confiscation) is too unreasonable as to the gist of the grounds for appeal.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant led to the confession of the instant crime while committing the instant crime; and (b) the Defendant’s information to arrest a drug offender; and (c) the Defendant’s family members and relatives want to take the Defendant’s preemptive action.

However, the defendant has been sentenced to six times of punishment for the same crime. On December 19, 2013, the defendant was sentenced to two years of imprisonment with prison labor for a violation of the Narcotics Control Act in the Busan District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and committed the crime of this case during the period of the suspension of execution. Narcotics-related crimes require strict punishment as a serious crime with severe social harm and danger of recidivism, and other various sentencing conditions such as the defendant's age, sex, environment, means and methods of the crime, and circumstances after the crime are considered, it cannot be deemed unfair because the sentence imposed by the court below is too excessive.

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

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