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(영문) 부산지방법원 2016.06.23 2016노1042
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 (the imprisonment of eight months and the collection of penalties) is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s confession of the instant crime and reflects the mistake, voluntarily surrenders to the investigation agency, and actively cooperate in the narcotics-related investigation, and the Defendant’s wife and leakage or the leading of the Defendant.

However, considering the fact that the defendant did not limit the administration of a simple and delivered phiphones to another person, narcotics-related crimes require strict punishment as serious crimes with high social harm and risk of recidivism, the fact that the defendant has been subject to criminal punishment twice for the same kind of crime, and other various sentencing conditions such as the defendant's age, sex, environment, means and method of crime, and circumstances after the crime, it cannot be deemed unfair because the sentence imposed by the court below is too large.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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