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(영문) 부산지방법원 2016.08.25 2016노1449
마약류관리에관한법률위반(향정)등
Text

All appeals by the defendant are dismissed.

Reasons

The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for not less than one year and two months, confiscation, additional collection of KRW 2,482,00, and fine of KRW 3 million): The second instance judgment is too unreasonable.

Judgment

The judgment of the court below was consolidated in the trial, but each of the imprisonment and fine was sentenced.

We examine the grounds for appeal against each judgment in installments.

1. As to the judgment of the court below of first instance, there are extenuating circumstances such as the Defendant’s confession of the instant crime related to narcotics, etc.

However, in consideration of the fact that the Defendant has been punished three times for a crime related to narcotics, the Defendant arranged the simple medication of phiphones, the trade of phiphones from the simple smoking of marijuana to the 15g A, and thereafter, the Defendant obstructed the crime of giving and receiving narcotics so as to resolve the problems arising from the above trade, and other various circumstances that form the conditions for sentencing as indicated in the instant records and theories, such as the Defendant’s age, sex, sex, environment, family relationship, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentence imposed on the Defendant is too unreasonable.

There are extenuating circumstances regarding the judgment of the court below of the second instance, such as the Defendant’s confession of the crime of perjury in this case from the first instance to the first instance trial.

However, the Defendant committed perjury in a criminal trial against E, who sold 15 gramphones, and the above crime is likely to interfere with the national judicial action by making it difficult to find the substantial truth of the judicial agency, and to be criticized as serious crimes that impair the people's trust in the judiciary and trial, and taking into account various circumstances, such as the Defendant's age, sexual conduct, environment, family relationship, means and consequence of the crime, and the sentencing conditions specified in the records and theories of this case, including the circumstances after the crime, the lower judgment is against the Defendant.

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