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(영문) 부산지방법원 2015.08.19 2015노1948
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment and additional collection) is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant led to the confession of the instant crime and reflects his mistake, and that the instant crime was administered once by the Defendant.

However, on January 13, 2012, the Suwon District Court sentenced 10 months of imprisonment to a violation of the Act on the Control of Narcotics, Etc. (fence) on the grounds that the Defendant was under five times criminal punishment for the same crime, and completed the enforcement of the sentence on October 15, 2012, the Defendant’s age, career, character and conduct, environment, motive and background of the instant crime, motive and method of the instant crime, method and consequence of the instant crime, etc., and all of the sentencing conditions and the sentence imposed by the lower court on the instant argument, including the following: (a) the Defendant’s age, career, character and conduct, and environment, and the fact that there are no special circumstances or changes in circumstances that may be newly considered after the sentence was rendered; and (b) the sentence imposed by the lower court constitutes imprisonment with prison labor for not more than three years and the scope of a suspended sentence of imprisonment with prison labor for the same kind of drug crime (which was revised on April 13, 2015 and enforced on May 15, 2015).

In full view of the lower limit, it is not recognized that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too unlimited.

Therefore, the defendant's above assertion cannot be accepted.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, “the summary of evidence” of the judgment of the court below refers to “the summary of the evidence” column 1. In addition, the prosecutor’s investigation report and the calculation of additional charges and the claims for collection preservation order, and the monthly trend of narcotics

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