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(영문) 부산지방법원 2015.04.17 2015노45
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and two months of imprisonment and additional collection) is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant led to the confession and reflect of the instant crime, and that the Defendant appears to have first recognized the instant crime by reporting himself to the police.

However, the defendant has a record of criminal punishment 11 times for the same and similar crimes. In particular, on September 26, 2013, the Busan District Court sentenced one year to imprisonment for the violation of the Act on the Control of Narcotics, etc. at the Busan District Court as a result of the completion of the execution of the sentence on May 19, 2014, and the defendant's criminal records and tendency, etc. are likely to have a high risk of recidivism in light of the above criminal records and tendency of the crime. The crime related to narcotics is likely to cause severe social harm caused by toxicness of narcotics, etc., and is highly likely to undermine the health and social safety of the people, so strict punishment is necessary, and according to the equity of sentencing with the same and similar cases, the defendant's age, character and conduct, environment, motive and method of the crime, method and method of the crime, circumstances after the crime, etc., various sentencing conditions as shown in the argument of this case including the sentencing guidelines, and the scope of imprisonment with prison labor for not less than 1 to 3 years (6 years) years).

In full view of internal points, the sentence imposed by the court below is deemed to be appropriate, and it is not recognized that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. The defendant's appeal is without merit, and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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