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(영문) 부산지방법원 2017.02.13 2016노4717
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (a year and six months of imprisonment, confiscation and collection) on the summary of the reasons for appeal is too unreasonable.

2. It is recognized that circumstances such as the Defendant’s confession of the instant crime to the extent that it reflects the wrongness while committing the instant crime, the mere administration and possession of phiphones in the case of a narcotics-related crime, and the cooperation in the arrest of the upper vessel are recognized.

However, in light of the fact that the defendant has a history of being sentenced 12 times to criminal punishment for the crime related to narcotics, and that the defendant committed the crime in this case during the repeated crime due to the crime related to narcotics, and that the defendant committed the crime in this case again during the repeated crime period; that there is a large amount of phiphonephones possessed by the defendant; that the crime related to narcotics is a serious crime with severe social harm and danger of repeating crimes; that the crime related to narcotics can be used for various illegal or evasion of the law even in the case of the crime of operating a vehicle with a nominal name, there is serious social harm, and thus, it is necessary to punish the defendant seriously; and that there is other various sentencing conditions such as the defendant's age, sex, environment, means and method of the crime, and circumstances after the crime, etc., it cannot be deemed unfair since the court below's sentence is too

3. In conclusion, 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 without merit.

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