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(영문) 부산지방법원 2017.11.17 2017노3360
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an additional collection of one year and 400,000 won by imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant reflects the mistake of the defendant, and partially cooperate in the investigation, such as disclosing the person who administered the phiphone or the person who administered the mephone together.

However, even though the defendant was punished for imprisonment three times for the same crime, the defendant is not only responsible for the administration of phiphones during the period of the same repeated crime, but also for the delivery of phiphones, and the defendant is not liable for the spread of the narcotics crime.

In addition, considering the various circumstances that are conditions for sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., and the equity with the punishment of similar cases in the same kind, the sentence of the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. 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 groundless.

[Provided, That according to Article 25 of the Rules on Criminal Procedure, the 4-7 acts in the application column of the judgment below shall be corrected as follows:

“The Government”

1. Article 35 of the Criminal Act for aggravated repeated crimes;

2. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act, which shall apply mutatis mutandis to concurrent crimes;

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