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(영문) 부산지방법원 2017.09.29 2017노2758
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an additional collection of KRW 1 year and June, No. 3, and KRW 100,00) is too unreasonable.

2. It is recognized that the circumstances, such as the Defendant’s misjudgments the Defendant’s mistake, and the fact that the Defendant’s health is not good.

However, even after the defendant was punished nine times as punishment for the same crime, and the execution of a short imprisonment (three years and six months) was completed, the defendant committed the crime of phiphone medication again for two months and two months, and since the transfer of phiphones in possession, it seems that the degree of addiction is serious and the risk of recidivism is high.

In addition, considering various circumstances that are conditions for sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., the sentence of the court below cannot be deemed unfair because it is too large.

Therefore, the defendant's argument of sentencing is without merit.

3. 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 groundless.

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