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(영문) 부산지방법원 2016.09.30 2016노2795
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 prison term of one year and four 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 repents his mistake in depth, the fact that there is no record of criminal punishment or criminal punishment heavier than a suspended sentence of execution of the same crime, and the fact that the investigative agency appears to have cooperated with the relevant investigation by making a statement of the person who was provided with the crypters (hereinafter referred to as “crypphone”) from the Defendant and arrested the said person, etc.

However, the crime of this case is committed by the defendant in collusion with C in 1.8 million won and purchased about 0.03g of phiphones and approximately 0.05g of phiphones on two occasions. The crime of this case is committed in collusion with C in order to sell approximately 2.33g of phiphones to 1.2 million won, and provided N with approximately 0.05g of phiphones free of charge, and provided Q Q Q with approximately 0.06g of phiphones in total. In light of the relevant criminal law and its contents, the crime of narcotics is very poor, and there is a very great need to punish the crime because it threatens public health and safety, and there is no special circumstance or change in circumstances after the sentence of the court below, and there is no special reason to believe that the crime of this case constitutes a violation of the Sentencing guidelines, such as recommendation from each of the following facts: (i) the act of sale and purchase of narcotics, etc.; and (ii) the motive and content of the offense; and (iii) the offense of this case.

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