logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.09.07 2016노1433
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (two months of imprisonment and additional collection) is too unreasonable.

2. It is recognized that the Defendant made a confession of the instant crime and his mistake is pened in depth, and the instant crime is in a concurrent relationship between the violation of the Act on the Control of Narcotics, etc. (fence) and the latter part of Article 37 of the Criminal Act, which became final and conclusive on December 16, 2015, with the crime of violation of the Act on the Control of Narcotics, etc. (fence) and the crime of violation of the latter part of Article 37 of the Criminal Act, and the punishment should

However, the crime of this case is that the defendant delivered approximately 0.05g of the Meptato E free of charge, and the crime of this case is considerably poor in light of the method and content of the crime, and the defendant has been sentenced to three times to sentence for the same crime and one year and two months to be sentenced to imprisonment for the same crime, and in particular, on April 26, 2013 at the Busan District Court sentenced on April 5, 2014, the crime of this case was committed again during the repeated crime even after the execution of the above sentence was completed on April 5, 2014, and there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the court below is sentenced, and the crime of this case under various sentencing conditions, which were shown in the argument of this case, such as equity of sentencing with the same or similar case, the age and character of the defendant, environment, motive and circumstance of the crime, and circumstances after the crime, etc., are concurrent crimes under the latter part of Article 37 of the Criminal Act.

In full view of these factors, it is not recognized that the sentence imposed by the court below is too unreasonable because it is too unreasonable.

Therefore, the defendant's above assertion is not accepted.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, two pages of the judgment of the court below shall be 11.

arrow