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(영문) 부산지방법원 2017.05.18 2017노730
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence (Defendant A: Imprisonment with prison labor for 1 year and 6 months, and Defendant B: imprisonment with prison labor for 10 months) declared by the court below is too unreasonable.

2. Determination

A. It is recognized that Defendant A actively cooperates in the investigation of narcotics, such as recognizing and opposing the instant crime, and informing the narcotics offender in the first instance.

However, if the Defendant was sentenced to two years of imprisonment on January 21, 2015 (Medication, sale, possession) and completed the execution of the sentence on September 27, 2016, and the Defendant committed the instant crime again at least two months, and the Defendant had the same history (five times of de facto punishment) six times for the Defendant, and other various conditions of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, sex, and environment, the sentence imposed by the lower court is not heavy.

B. It is recognized that the circumstances, such as the fact that the Defendant recognized and reflected the instant crime, and the suspension of indictment for the crime of narcotics in 2009, did not have any history related to narcotics except for the case where the indictment was suspended once.

However, even though the defendant was punished for the violation of the Toxic Chemicals Control Act (hesting of hallucinogenic substances) due to inhaled dics, the defendant committed the drug medication of this case without being involved in eight times (three times of actual punishment, five times of suspended execution), and taking into account the records of the defendant's age, sex, environment, etc. and other various conditions of sentencing as shown in the change theory, the sentence imposed by the court below is not severe.

3. Accordingly, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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