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(영문) 부산지방법원 2016.10.28 2016노3138
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment, confiscation and additional collection) is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant made a confession of all of the instant crimes and reflects his mistake in depth.

However, the crime of this case is deemed to have been administered three times by the defendant, approximately 0.05 g of the camphones (hereinafter “camphones”), and approximately 0.28 g of the camphones. In light of the method and content of the crime, the crime of this case was committed when the defendant committed the crime of this case, even though he had the record of being sentenced one time to imprisonment with prison labor for the same crime and one criminal punishment for suspended execution, there are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below was made, and other various sentencing conditions and the sentence imposed by the court below on the argument of this case, such as equity of sentencing with the same and similar cases, the age and character of the defendant, environment, motive and circumstance of the crime, etc., and the scope of the recommended sentencing guidelines according to the sentencing guidelines. ① The punishment of this case constitutes imprisonment with prison labor for the category 3 (b) and category 3 (c) of simple possession, etc. among the sentencing guidelines, and the basic scope of recommendations for two to 1 to 1 to 20 to 3 months.

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, Article 25(1) of the Criminal Procedure Act provides that "No. 2" of the 1st sentence of the judgment of the court below shall be limited to "No. 2" of the 2nd sentence, and the part consumed as appraisal shall be excluded."

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