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(영문) 부산지방법원 2015.08.21 2015노950
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant ( Imprisonment with prison labor for a period of one year and six months and confiscation and collection) is too unreasonable.

2. It is recognized that the circumstances such as the fact that the Defendant made a confession of all the crimes of this case and repented his mistake in depth are recognized.

However, according to the crime of this case, the Defendant traded and sells Mepters (hereinafter “phiphones”) twice to D, administered phiphones over several occasions, delivered and delivered phiphones to E, and held approximately 0.03 g of phiphones, in light of the method and contents of the crime. The Defendant has a record of criminal punishment three times for the same crime. The crime related to narcotics is highly likely to cause severe social harm caused by toxicity of narcotics, etc. and undermine the health and social safety of the people. Thus, according to the fact that the punishment is necessary, various sentencing conditions indicated in the argument of this case, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., and the scope of punishment guidelines for each of the offenses of this case (i.e., imprisonment with prison labor for 1 to 25 years) on the grounds that each of the offenses of this case constitutes a violation of the former Sentencing Guidelines and its scope of punishment (i.e., imprisonment with prison labor for 1 to 215 years).

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