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(영문) 부산지방법원 2016.08.26 2016노2307
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 the crimes of this case and repented his mistake in depth are recognized.

However, the crime of this case is committed by the defendant while holding approximately 0.43 g of the metlopon (hereinafter "copon") and administered approximately 0.03 g of the philopon in collusion with B. It is considerably poor in light of the method and contents of the crime. The defendant has the record of two suspended execution and two criminal punishments on the same kind of crime. In particular, according to the Busan District Court's sentencing standard on July 24, 2014, the defendant committed the crime of this case again during the period of repeated punishment, and the defendant committed the crime of this case, even after the execution of the above sentence was completed on February 27, 2015, since there were no special circumstances or changes in circumstances after the sentence was sentenced, and there is a period of imprisonment with prison labor for not more than 3 years, and there is a period of subsequent to the suspended execution of the sentence, which is the same kind of punishment as that of this case, the motive and scope of the punishment of this case, and various types and conditions of sentencing, etc.

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. The defendant's appeal is without merit.

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