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(영문) 부산지방법원 2015.11.27 2015노3547
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 confession of all the instant crime and reflects his mistake, the fact that the investigative agency appears to have actively cooperated with the relevant investigation by stating that the Defendant made a statement to the Defendant on the person who saw the crypphone (hereinafter referred to as “cypphone”), informing the investigative agency of the person who administered or possessed the cypphone, etc.

However, the crime of this case is deemed to have been administered three times each by the defendant. 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 punishment once to the same crime, and has been sentenced to criminal punishment twice the suspended execution. In particular, on May 10, 2013, the Busan District Court sentenced the punishment of 8 months for the crime of violation of the Narcotics Control Act in Busan District Court on August 28, 2013, and committed the crime of this case again during the repeated crime period, even after the execution of the sentence was completed on August 28, 2013, the crime of this case was committed again during the repeated crime period. According to the equity in sentencing with the same and similar incidents, the age and character of the defendant, character, environment, motive and circumstance of the crime, etc., and the scope of punishment imposed by the court below for each of the following reasons: imprisonment with prison labor for not less than 0 years and the scope of punishment recommended to be executed within 1 year to 3 years of punishment (special sentencing).

In full view of the lower limit, the lower court sentenced the Defendant.

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