logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.05.15 2015노513
마약류관리에관한법률위반(향정)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and two months of imprisonment and additional collection) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. It is recognized that the circumstances, such as the fact that the Defendant led to the confession of the instant crime, and the depth of his mistake, the economic form is difficult, and the state of health appears to be good.

However, the crime of this case is committed two times by the defendant trading about 4g of the sum of cambacs to D (hereinafter “cambphone”), and approximately 0.1g of the cambphones were administered once in light of the method and contents of the crime. The criminal defendant was sentenced to criminal punishment two times for the same crime. In particular, on November 29, 201, the Seoul East East District Court sentenced five months to be punished for fraud, and sentenced five months at the Seoul East District Court for the crime of this case during the repeated crime on January 23, 2012, and the defendant's age, character and behavior, environment, motive, means and method of the crime, and circumstances after the crime falls under the scope of imprisonment with prison labor for the crime of this case, and the scope of sentencing guidelines for the crime of this case including recommendation or punishment of 1 to 2 years for the violation of the Act on the Control of Narcotics, etc. (hereinafter "the scope of punishment of imprisonment with prison labor for 1 to 2 years" among the sentencing guidelines.

In full view of the internal points, the sentence imposed by the court below is appropriate.

arrow