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(영문) 부산지방법원 2016.11.11 2016노3439
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty imposed by the court below (one hundred months of imprisonment and additional 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.

However, the crime of this case is deemed to have been administered by the defendant about 0.03 g of the Megatop (hereinafter “philophone”), and the character of the crime is considerably poor in light of the method and content of the crime, and the defendant committed the crime of this case even though he had been sentenced one time to imprisonment for the same crime and two times of suspended execution, and there are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below was rendered, and other various sentencing conditions as shown in the arguments of this case, such as equity in sentencing with the same and similar incidents, the age and character of the defendant, character and conduct, environment, motive and circumstance of the crime, etc., and the sentence imposed by the court below, as the basic area of the sentencing guidelines for narcotics crimes in accordance with the sentencing guidelines, the scope of the recommended sentence is from October 2 to 3.

In full view of the lower limit, it is not recognized that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too large.

Therefore, the defendant's above assertion is not accepted.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, pursuant to Article 25(1) of the Rules on Criminal Procedure, “the summary of evidence” of the second page of the judgment of the court below shall be added to “1. Prosecutor’s investigation report (including additional collection charges and additional collection order related thereto)”, and the “relevant legal provisions” of the same line shall be corrected to read “the relevant laws and choice of punishment” and “the choice of punishment”.

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