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(영문) 부산지방법원 2015.09.16 2015노2354
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (one year of imprisonment, confiscation, and collection) imposed on the accused by the court below is too unreasonable.

However, it is recognized that the circumstances such as the fact that the Defendant led to the entire confession of the instant crime and reflects his mistake, and that the investigation agency voluntarily surrenders himself to the fact that the Defendant possessed approximately 0.47 g of Melopon (hereinafter referred to as “Melopon”) and voluntarily submitted the said Melopon.

However, the Defendant has been sentenced to 13 times of punishment for the same crime and one fine, and in particular, on January 7, 2013, the Daejeon District Court sentenced to 2 years of imprisonment for the violation of the Act on the Control of Narcotics, etc. and committed the instant crime at the same time during the repeated crime period even after the enforcement of the sentence was completed on November 27, 2014, and there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment of the court below, and the sentencing equality between the same and similar cases, the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, etc., as well as the sentencing guidelines set forth in the instant arguments, and the sentence imposed by the court below is within the scope of the sentencing guidelines set forth in the sentencing guidelines set forth in (1) of the Act on the Control of Narcotics, etc. by cellphone medication, and thus, within the scope of the sentencing guidelines set forth in Article 3 (b) and (c) of the Act on the Control of Narcotics, etc. [the scope of imprisonment for the same kind and sentence set within three years (3 years) years).).

In full view of the fact that it is the lowest limit.

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