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(영문) 부산지방법원 2016.12.09 2016노4169
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two months of imprisonment and additional collection) is too unreasonable.

2. It is recognized that the Defendant made a confession of the instant crime and reflects his mistake in depth, and the instant crime is in a concurrent relationship between the violation of the Act on the Control of Narcotics, etc. (fence) and the latter part of Article 37 of the Criminal Act as indicated in the judgment of the court below, and that the sentence should be imposed in consideration of equity with the case where a concurrent judgment is rendered pursuant to Article 39(1) of the Criminal Act.

However, the crime of this case is deemed to have been administered by the defendant approximately 0.03g in light of the method and contents of the crime. The defendant committed the crime of this case even though he had the record of criminal punishment once suspended for the same kind of crime, and there are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below, and the crime of this case under various sentencing conditions as shown in the argument of this case, such as equity in sentencing with like or similar cases, the defendant's age, character and behavior, character and environment, motive and circumstance of the crime, and circumstances after the crime, etc., as seen earlier, is not applicable to the crime of this case where there are concurrent crimes under the latter part of Article 37 of the Criminal Act.

In full view of the above, it is not recognized that the sentence imposed by the court below is too unreasonable because it 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, pursuant to Article 25(1) of the Rules on Criminal Procedure, the two pages of the lower judgment’s “a summary of evidence” are as follows: (a) the results of the inspection of the Konet case (Supreme Court Decision 2016Do12589), each of the written rulings (Supreme Court Decision 2016Do12589, Busan District Court Decision 2016No1752), and the details of the case under way in which a prosecution report is pending.

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