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(영문) 부산지방법원 2016.10.14 2016노2793
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 year and two months of imprisonment and additional collection) is too unreasonable.

2. It is recognized that the circumstances, such as the confession of all the crimes of this case and the violation of his depth of his mistake, and the fact that there is no record of criminal punishment for the same crime, are recognized.

However, the crime of this case is that the defendant purchased approximately 0.03 g of 200,000 won c. 2, and provided the above c. c. 2 times in light of the method and content of the crime. The crime of this case is very poor in light of the method and content of the crime. There are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below was made, and various conditions of sentencing as shown in the argument of this case, such as equity in sentencing with the like and similar cases, the age and character of the defendant, character and character, environment, motive and circumstance of the crime, etc., after the crime was committed, and the scope of the recommended sentence imposed by the court below according to the sentencing guidelines. (1) The punishment scope of each of the crimes of this case constitutes the basic area of "trade, good offices, etc." of the sentencing guidelines, and thus, the punishment scope of imprisonment for each crime of this case constitutes 1 to 2 years. (2) The punishment range of imprisonment for a majority crime shall be within 1 to 38 years.

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 unreasonable.

Therefore, the defendant's above assertion is not 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, in accordance with Article 25(1) of the Rules on Criminal Procedure, “the summary of evidence” of the judgment of the court below is “the summary of evidence” as “1. In addition, “the attachment of a criminal investigation report (related to a collection charge and a collection preservation order) is included” and “the relevant legal provision” as “the relevant law and the choice of punishment” on the same side.

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