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(영문) 부산지방법원 2015.11.27 2015노3468
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the circumstances, such as the fact that the Defendant made a full confession of the instant crime and reflects his mistake, and that the investigation agency made a statement to the Defendant as to the person who sold the Megatoty (hereinafter “Megaphone”), etc.

However, the crime of this case is committed by the defendant with D in purchasing phiphones with D and administered approximately 0.03 g of phiphones. In light of the method and contents of the crime, etc., the crime of this case is considerably poor; the defendant has been sentenced to two times the suspension of the execution of the same crime; the defendant has no extraordinary circumstances or changes in circumstances that may be newly considered after the sentence of the court below is rendered; and other various conditions of sentencing indicated in the argument of this case, such as equity of sentencing with the same and similar cases; the age, character and behavior, environment, motive and circumstance of the crime; and the scope of the sentence imposed by the court below following the crime; ① The scope of the recommended sentence imposed by the court below violates the Act on the Control of Narcotics, etc. (f) the act of violation of the Act on the Control of Narcotics, etc. (f) the scope of imprisonment with prison labor for the last 1 to 2 months among the sentencing guidelines (c) the scope of imprisonment with prison labor for the purpose of simple possession, etc.; ② the scope of imprisonment with prison labor for 1 to 6 months and 3 months.

In full view of the lower limit, it is not recognized that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too large.

Therefore, it is true.

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