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(영문) 부산지방법원 2016.08.25 2016노2306
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (a year and April, confiscation and collection) on the summary of the reasons for appeal is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s confession of the instant crime while committing the instant crime, committed the instant crime by reporting a woman living together, and the Defendant’s living together was aware of the instant crime, and the Defendant’s living together wanting to have the Defendant’s wife.

However, considering various sentencing conditions, such as the Defendant’s age, sexual conduct, environment, method and method of the crime, circumstance after the crime, etc., the sentence imposed by the lower court is too unreasonable, and thus, cannot be deemed unfair, in light of the fact that the Defendant was under criminal punishment 13 times for the same crime, the Defendant’s possession of phiphonephones is a crime during the repeated crime period, the amount of the Defendant’s possession is not large, and the narcotics-related crime requires strict punishment as a serious crime that is a serious risk of social harm and recidivism.

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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