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(영문) 부산지방법원 2016.05.20 2016노916
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 (a prison labor for not less than 10 months and collection) is too unreasonable.

2. It is recognized that the circumstances such as the confession of the Defendant to the instant crime and his depth reflects his mistake, and the fact that the Defendant voluntarily appeared at the investigative agency after the instant crime was committed.

However, the crime of this case is deemed to have been administered by the Defendant approximately 0.03g of Mepta. In light of the method and contents of the crime, etc., the crime of this case is considerably poor, and the Defendant has been sentenced two times to imprisonment with labor for the same crime and one year of suspended execution, and in particular, on April 23, 2013, the Busan District Court sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on October 24, 2013, and committed the crime of this case during the repeated period, even after the execution of the above punishment was completed on October 24, 2013, the crime of this case was committed again during the repeated period, and there are no special circumstances or changes in circumstances that may be newly considered after the court below sentenced, and various sentencing conditions as shown in the argument of this case, such as the number of crimes, age, sex, environment, motive and circumstance of the crime, and the scope of the punishment of this case under the sentencing guidelines, including the punishment of imprisonment with labor for three or more years.

In full view of the fact that the sentence imposed by the court below is too unreasonable because it is too large.

Therefore, we cannot accept the defendant's above assertion.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure).

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