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(영문) 부산고등법원 2015.11.19 2015노595
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence imposed by the court below (two years of suspended sentence in one year and six months, two years of suspended sentence, and two hundred hours of community service order) is too uneased and unreasonable.

2. Examining the various sentencing conditions in the instant case, the crime of this case is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant was in possession of approximately 138 g of psychotropic drugs (psychotropic drugs) in order to sell to others; and (b) the liability for the crime is not easy; (c) the crime of narcotics is highly likely to cause serious harm to the society; and (d) the Defendant appears to have led to the Defendant, who is an accomplice, such as having C sell the above Mesium debate and its similar body.

On the other hand, it is favorable to the defendant that the defendant made a confession of the crime and reflects his mistake in depth, that the defendant has no record of criminal punishment for the same kind of narcotics crime, and that the above main body debate and its similar body are seized in whole and are not distributed during the trial.

As above, considering the motive and background of the crime of this case, the degree of participation in the crime, equity in punishment with C, circumstances before and after the crime, Defendant’s age, character and conduct, environment, family relationship, etc. comprehensively, various sentencing conditions as shown in the arguments of this case, such as the crime of narcotics, medication, simple possession, etc., type 4, imprisonment one year or three years), which are disadvantageous to or favorable to the Defendant, are considered. In addition, considering these sentencing conditions, the lower court appears to have sentenced two years of suspended execution, etc. within the scope of one year and six months of imprisonment as set forth in the sentencing guidelines, and treats the Defendant within the society, such as suspended execution of imprisonment, which added 200 hours of community service.

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