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(영문) 부산지방법원 2016.10.27 2016노2939
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one hundred thousand won for imprisonment with prison labor for eight months, and one hundred thousand won for collection) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The defendant and the prosecutor's arguments are examined together.

There are extenuating circumstances such as the Defendant’s confession of the instant crime, and the instant crime is a simple medication following the receipt of phiphones.

However, the Defendant committed the instant crime without being familiar with the Defendant even though he was subject to suspended sentence one time in relation to the instant crime, and again committed the instant crime without being familiar with the Defendant, the Defendant also committed the instant crime, in addition to the foregoing criminal records, once a prison sentence, twice a suspended sentence, and nine times a fine, and there is no change in the circumstances that may be considered as the grounds for sentencing in the trial, and other various circumstances that form the conditions for sentencing specified in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, family relationship, means and consequence of the instant crime, etc., are considered, and the Defendant’s punishment imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed as it is without merit.

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the facts constituting the crime of the lower judgment’s reasoning are deemed to have been dismissed as “ March 28, 2015” by “ March 28, 2016.”

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