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(영문) 부산지방법원 2015.10.30 2015노2851
마약류관리에관한법률위반(향정)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

A. The punishment sentenced by the lower court (one year and two months of imprisonment and additional collection) is too unreasonable.

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

Provided, That each appeal by the defendant and the prosecutor shall be considered together.

It is recognized that the circumstances, such as the fact that the defendant made a confession of the entire crime of this case and reflects his mistake, and that the defendant appears to have made a statement to the investigation agency on the person who provided the penphone.

However, the crime of this case is administered once by the defendant, delivered approximately 0.03 g of phiphones to D without compensation, and delivered about 0.03 g of phiphones to D. The crime of this case is very poor in light of the method and contents of the crime. The defendant has the record of criminal punishment 13 times for the same crime. In particular, on September 12, 2013, the Busan District Court sentenced 1 year and eight months of imprisonment with prison labor for the crime of violation of the Act on the Control of Narcotics, etc. (fence) at Busan District Court, and committed the crime of this case again during the period of the repeated crime, even after the execution of the sentence was completed on September 23, 2014, and there is no special circumstance or change of circumstances after the judgment of the court below, and considering various sentencing conditions indicated in the argument of this case, such as equity in sentencing with the defendant, age, character and conduct, motive and circumstance of the crime, etc., one of the five-year sentencing guidelines (one-year sentencing guidelines).

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