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(영문) 부산고등법원 2016.09.08 2016노303
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of imprisonment, confiscation, additional collection 500,000 won) is too unreasonable.

2. The judgment does not have any circumstances to consider the Defendant, such as the fact that the Defendant was aware of all the crimes of this case and made a statement that his mistake is divided, and that the Defendant actively cooperates in the investigation of drug offenders, that the Defendant’s mother actively cooperates in the investigation of drug offenders, and that the Defendant’s mother wanting to improve and teach the Defendant in the trial court, and that the Defendant’s wife against the Defendant.

However, the crime of this case committed by the defendant is very serious in light of the motive, circumstance, content, means and method of the crime, frequency of the crime and the amount of philopon handled by the defendant, and the fact that the defendant administered narcotics to minor E as stated in the judgment of the court below, as stated in the judgment of the court below.

In addition, even though the defendant had been sentenced to punishment for the same kind of crime before the crime of this case had already been committed, even though he had the record of being sentenced to medical treatment and custody, he again committed the crime of this case during the period of repeated crime, and the defendant does not have sufficient conditions after the crime of this case, such as the defendant's age, character and behavior, environment, motive, means of the crime of this case, result of the crime, circumstances after the crime of this case, etc. taking into account the following circumstances, such as the defendant's age, character and behavior, character, environment, motive, means, result of the crime of this case, etc., the punishment imposed by the court below is deemed to have sufficiently taken into account all favorable circumstances for the defendant, such as the defendant's active cooperation in investigation, and it cannot be deemed unfair because it is too unreasonable as the defendant's assertion.

3. Conclusion.

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