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(영문) 부산지방법원 2016.05.20 2016노1055
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a punishment of imprisonment with prison labor, a year and two months, confiscation and 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 by the defendant about 0.05 g c., and approximately 2.82g c., in light of the method and contents of the crime, etc., the defendant has been sentenced to 11 times of imprisonment for the same crime and one year of suspended execution, and in particular, on October 17, 2014, he was sentenced to 1 year of imprisonment for a violation of the Narcotics Control Act at the Busan District Court on July 4, 2015, and again committed the crime of this case during the period of repeated punishment. According to the fact that the defendant committed the crime of this case after the execution of the above punishment was completed, there is no special circumstance or change of circumstances that may be newly considered after the issuance of the judgment of the court below, and that the defendant's age, sex, environment, motive and circumstance of the crime, etc., and the scope of punishment of each of the crimes of this case constitutes a series of simple sentencing guidelines (the scope of punishment for the same or similar crimes of this case, 3 years of punishment).

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 large.

Therefore, we cannot accept the defendant's above assertion.

3. If so, the defendant's appeal is without merit. Thus, Article 364 (4) of the Criminal Procedure Act is applicable.

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